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How can i get divorce from my wife peacefully
06-Jun-2023 (In Divorce Law)
Last 2 yrs my & my son was living separetly from my wife. 30th april 2014 she flew away from her parent's house to live us alone & before that she & her family members made a threatning phone calls by the help of their local guy when she caught by me that she already made an illegall affairs with a person. I requested her come in our life but she clearly said that she never come . Then i requested her to give me mutual divorce . She never give that. And after 1 yr when me & my son meet with her , i was shocked that she is a unmarried girl. Now i need mutual divorce is from her without a fine
Assuming you are both Hindus they can apply a divorce under Mutual Divorce and it is recognized under Section 13B of the Hindu Marriage Act.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they 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 time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filled also called first motion and after six months, which is referred as second motion.
After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.
You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.
Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they 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 time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filled also called first motion and after six months, which is referred as second motion.
After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.
You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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Although mutual consent divorce cannot take place without your wife's agreeing to the same, you can always file for divorce on the ground of desertion. Though this can be contested by your wife, that shouldn't be much of a problem in obtaining decree of divorce in your case as you have been living separately for more than 2 years now.
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Adv. Shayak Chakraborty
Kolkata | 100+ Answers
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