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NRI divorce with mutual consent and divorce deed


03-Apr-2024 (In Divorce Law)
I got married in June 2022, i have applied for PR in Australia and got granted. Now the girl is not willing to stay with me, we are staying apart for more than 1.5 years. No children. I have created mutual divorce deed in-front of sub registrar of the same place where the marriage certificate was issued. Is divorce deed valid or we need to go to court to file a mutual divorce case. I cannot come to India frequently due to my job dependencies and same with the girl. Is there any way out for us.
Answers (3)

Answer #1
535 votes
Gud afternoon No, Divorce deed is not a valid documents and if you want Divorce you have to approach court and file petition via counsel & also both the parties need to appear twice before the Hon'ble court and incase if you're not able to come we can get it done through GPA... Thanks & regards Adv Asima
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Advocate Syeda Asima Unnisa

Adv. Syeda Asima Unnisa

LawRato Hyderabad | 50+ Answers
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Answer #2
629 votes
Just because you got married in India it doesn't mean divorce should also be in India only. You hold the PR , you can get divorced in Australia as well. Coming back to your question. No, it is not valid. It has to be passed through the court. You need not come frequently to India in mutual divorce cases. Your lawyer can manage it all. You may required to visit the court once or max twice. Mutual divorce is a easy thing as both parties are willing. My suggestion would be taking a divorce in Australia would be more feasible as both parties are in Australia only.
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Advocate Shaik Abdul Khader

Adv. Shaik Abdul Khader

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Answer #3
572 votes
Divorce by mutual consent under Hindu law If the petition is not withdrawn post 6 months (and no later than 18 months) from the date of presentation of the petition, the court, after hearing the parties and making necessary inquiry(ies), may pass a decree of divorce declaring the marriage to be dissolved.
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Advocate Hemlata Nageshwar Pitlewar

Adv. Hemlata Nageshwar Pitlewar

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Adv. Raman Sahu Hisar
In India, marriage cannot be dissolved by a deed or agreement.Even if both parties sign a deed and get it registered, it has no legal value to end the marriage.

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