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Guidelines and procedure of mutual consent divorce and alimony.
29-Jan-2023 (In Divorce Law)
I got married in 2013 and then sponsor my husband to Canada. He came to Canada in 2014. After 2 years of his conditional permanent residence been over he started domestic violence. He has cheated on me just to get residence of canada. We are living seperate since 3 months but even If we were living under same roof we were apart. Now I want to file a divorce against him in India and my husband is also ready to give divorce. What are the steps I have to follow to get divorce and the alimony for separation. Whether I can file a divorce eventhough one year of official separation was not there. Please help me out.
For a mutual consent divorce, you and your spouse have to reach an understanding with regard to the terms and conditions of divorceThese terms and conditions may include maintenance amount or alimony, child custody, property division, etc.The petition for divorce shall be drafted based on the terms decided between you and your spouse jointly.
You can file a joint petition for mutual consent divorce in the district family court in India.Since you reside in Canada, you can file the divorce petition there as well.Such a petition shall be considered valid in India subject to certain conditions.
Petition for mutual consent divorce can be filed at any of the following places in India:-
You can file a joint petition for mutual consent divorce in the district family court in India.Since you reside in Canada, you can file the divorce petition there as well.Such a petition shall be considered valid in India subject to certain conditions.
Petition for mutual consent divorce can be filed at any of the following places in India:-
- Place where marriage had taken place
- Place where husband and wife last resided together.
- Place where the wife is residing at the time of filing of the petition.
As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:
- have been living separately for a period of one year or more,
- have not been able to live together and
- have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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u can file Mutual Consent Divorce, alimony and mutuall amount is dicided by u and your husband, u can file case in your husbands home,s juridiction area in india.if u wont to get divorce then u have to forget all other things like, domestic violance, cheated activity and etc. u have to focus only your divorce related procudure. your husband is ready for divorce this is postive thin for u.now u have to just follow legal procudere with the help of any good lawyer.
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Adv. Ritesh Joshi
Adv. Ritesh Joshi
Surendranagar | 25+ Answers
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Madam,
You and your husband can definitely file for divorce by mutual consent.
You have been living seperately and that time can be deducted from the original period.
You can even get divorce by video conference, but that depends on the place you wish to take divorce since not all courts are equipped with video conferencing facilities.
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Adv. Mauleen Marfatia
Adv. Mauleen Marfatia
Ahmedabad | 5+ Answers
Chat
Dear
You can file mutual divorce petition before appropriate family court.
Please mention in the petition that you were living separately since 2014.
for filing the mutual divorce deed both the parties be present in India. Generally in that matter court issue that notice and pass the six month period. In case you need not pass the six month period then file application before Hon'ble High Court.
Thanks
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Adv. Nayan Mehta
Adv. Nayan Mehta
Rajkot | 5+ Answers
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Hi, even your staying under same roof but your not performing matrimonial obligation then also it can be considered as separation. As far as mutual consent is concern you need to file joint petition in the family court and by due procedure of law you can obtain decree of divorce. Further detail consultancy can only be given only after knowing the entire fact of the case.
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Adv. Rajiv Rajpurohit
Adv. Rajiv Rajpurohit
Ahmedabad | 25+ Answers
Chat
It's a case of a divorce by mutual consent. The legal procedure in India is tardy n it may take years. Why do you want to file the case in India on da first p place? It is advisable to file it in Canada itself . It will save you a lot of inconvenience n finance. You may fist decide the alimony as a condition for divorce. Hire a good Advocate.
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