divorce on mutual consent but living together.

746 votes

Hello Good morning I'm advocate Vivek Mishra well according to your case yes you can get divorce easily for futher more details kindly contact me so that I can elaborate you in proper manner thank you so much

Advocate Vivek Mishra LawRato

956 votes

as you tel about your case I said no need to live one year separate to each other. only one thing is necessary that one year of marriage completed together. it's counting date of marriage. and now issue of maintenance when you both want to divorce mutually then all things are settled before and then file mutual concent divorce. for more information you can contact me.

Advocate Satish Bhati LawRato

515 votes

1.File before Court under section 13 B HMA. 2. Not mandate. 3. Depends your Spouse action. 4 Six months. for more clarification you may contact us then I'll elaborate properly about your case Advocate Anurag Bhatt Allahabad High Court.

Advocate Anurag Bhatt LawRato

633 votes

it Is not necessary to live together for one year but it is necessary for mutual divorce the time is 1 year. the maintenance depend upon the mutual consent if both are ready without maintenance that court have no issue if you are from up then the divorce take 6 month

Advocate Ankit Saran LawRato

717 votes

The law relating to divorce and maintenance differs from religion to religion. The amount is not fixed, but varies as per the condition of living of the couple, the income of husband and wife, no. of people dependent on the husband for their survival. It is either upon the couple to agree on an amount or do it as per the order of Court. It can either be paid in lump-sum or on monthly basis. There are certain grounds based on which maintenance can be denied. Laws Relating to Divorce in India There are 2 categories of Divorce petitions in India, through which the couple can be judicially separated; they are: Divorce under Hindus in India Through Mutual Consent The Husband and wife mutually agree to get divorced. They have to prove that they are living separately from past 1-2 years, Section 10A of Divorce Act, 1869 requires separation from 2 years and as per Section 13B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the parties should not be living together for at least 1 year before the divorce proceedings begin. Maintenance, child custody and property rights are more easily settled in this case. The couple goes through less trauma and expenses in case of mutually agreed divorce. In this case, the petition needs to be filed in the court by the respective lawyers of the parties and court after going through the documents proceeds further. The waiting period of 6 months is given to the parties in the hope that there would be reconciliation, but after six months if the parties still want a divorce; they need to move the court within 18 months from the filing of such petition. Without Mutual Consent One party goes to the court asking for a divorce. The party needs to state a valid reason for doing so, and no party can get a decree without proving a reasonable ground for the same. Under Section 13 of Hindu Marriage Act, 1955 the grounds can be: Cruelty: Cruelty means injury to body or mind, due to the conduct of another; whether intentional or not. It can be mental or physical. If one party apprehends injury due to the conduct of another, it is a reasonable ground. Maintenance Laws in India To protect the interests of wife after the dissolution of marriage, the courts provide for maintenance so that the wife can be brought back to the same position as she would have been in if the divorce was not granted. Maintenance under Hindu Law According to the Hindu Adoption and Maintenance Act, 1956 and Hindu Marriage Act, 1955 a woman has the right to cilaim maintenance. During the proceedings, if the court concludes that either the husband or wife does not have any source of income, the court allows maintenance to the petitioner from the respondent...kindly go for legal consultancy...to know more....tnx..

Advocate Rajesh Bhadana LawRato