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How to take Divorce immediately
06-Mar-2025 (In Divorce Law)
I want to know that how can i take divorce in short time period after 2 years of separation(Sikh couple). I got married 2 years ago and came aboard on same day and my husband was in india till now. We never talked as a couple , no bonding, no understanding and want to take divorce. But i am in other country,so may i take divorce from where i’m living or i have to go to india ? And what documents we need?are parents necessary while taking divorce or during the process of divorce?
The shortest period to take divorce is to file mutual divorce, meaning both you and your husband jointly file the petition before the court. for this both of you should agree. you need to come in person for this or need to send the attorney for the same. If your husband does not agree on this then you need to file divorce petition from your side. you need to file divorce in india, as the divorce out of India won't be recognised in India
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Adv. Ajay Garg
Ludhiana | 100+ Answers
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Based on your situation, since you and your husband have been separated for two years and there has been no marital relationship or communication, you may proceed with a mutual consent divorce under Section 13-B of the Hindu Marriage Act (applicable to Sikh couples).
You can file for divorce from the country you are currently residing in, but the petition will need to be filed in an Indian family court (preferably where the marriage was registered, or where your husband resides). You may authorize a Power of Attorney holder (such as a relative or a lawyer in India) to represent you, so your physical presence might not be required initially.
If your husband also wants a divorce, mutual consent is the fastest route. If not, you can file a contested divorce on grounds like desertion, non-cohabitation, and lack of communication.
Parents are not legally required for the divorce process, though they may be involved for support or documentation, especially if either party is abroad.
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Adv. Harjeet Singh
Jalandhar | 25+ Answers
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