61yrs old, need advise for filing for separation agreement or divorce.
07-Feb-2023 (In Divorce Law)
I am 61 years of age, wife is 53. This is a second marriage for both and we got married in Mumbai in 2007. We are both Hindus. I am looking at options to file for a separation agreement. I am unsure if divorce will make it a long winded process. I do not trust her to take this news in good stride as I am the only earning member and she does not want to let go of that. I am concerned about her non-cooperation.
We shifted to Coimbatore in 2012 and own a house there. I am willing to make a mutual agreement on sale of it where proceeds are distributed fairly. There had been many bad situations in my family after my second marriage but I don't want to build up on that, seek a peaceful separation that absolves her of any further claim apart from a lump-sum. I am worried as to what my next step must be to consider as I wish to live independently. Also, if you advice divorce, will it be filed in Coimbatore or Mumbai? We live in Coimbatore permanently now but marriage was registered in Mumbai.
strictly speaking you have to file divorce by mutual consent before Mumbai court since the marriage what's registered in Mumbai but you can also file before the Coimbatore family court stating that you have lived together in Coimbatore as husband and wife even though the marriage was registered in Mumbai
The conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more.
(ii) That they are unable to live together.
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.
As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.
(i) Husband and wife have been living separately for a period of one year or more.
(ii) That they are unable to live together.
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.
As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.
the place of filing divorce petition is the place of marriage and the place lastly received together otherwise you can also file at the place where your wife resides only on this places that diverse petition can be filed case of Hindu wife can file divorce petition at any place she resides
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