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Mutual consent before 1 year of marriage
06-Jan-2023 (In Divorce Law)
I was married around 6 months back and since then my wife and I have understood that it was a wrong match. She has stayed in her parents.home the last 3 months. Multiple rounds of reconciliation efforts have been made from both families already. Now, both of us want to settle it amicably. We do not have any kid.
She is not working and her family has mentioned that she has no demand.
My question is :
1. Is it possible to initiate the mutual consent process now ?
2. I read somewhere that before 1 year period we can't start. Is it true ? If yes, how to manage the next few months ? I want to officially start this asap.
3. Is it mandatory to file it in the city where the marriage was registered (girl's home)?
yes you can file for restitution of conjugal rights and then it will lead to divorce as Court will order your wife live with with within 2 months and if she is not ready then will file for mutual divorce as you both are ready for it.... what is your jurisdiction..
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Adv. Priyanka Singh
Kolkata | 1000+ Answers
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You can't file it now but the joint petition with mutually agreed terms can be made ready as well as signed by both of you so that after minimum one year of continuous separation period Mutual Consent Divorce can be filed before the appropriate Court not necessarily in the city where such marriage was registered. If you wish to take my Legal opinion professionally upon online payment, then can contact.
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Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 700+ Answers
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ordinarily any divorce petition is impermissible before completion of one year of marriage being registered or solemnized. that being the general rule any relief being sought on the ground of irretrievable breakdown of marriage can be obtained from a higher forum by making suitable application. as far as territorial jurisdiction is concerned it could be the city of marriage or girl's house or place last resided together after marriage. ordinarily courts are not loath in granting transfer of such cases in a place which suits the girl if appropriate applications are made to that effect.
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Adv. Tanmoy Chattopadhyay
Howrah | 900+ Answers
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