667+ Lawyers are online 
Procedure to file for divorce on the basis of 5 year separation
17-Jun-2023 (In Divorce Law)
We are seperated since 5 years. We have a notarised divoce signed by both of us and family members as well and the marriage is also not registered. Now on basis of 5 years of seperation and that notarised divorce how soon can i get the decree of divorce. I need it asap as planning to get married in next three months. My ex husband has already god married without taking the decree or NOC. Kindly suggest
In your case you need to file the joint application for divorce before the concerning family court for the grant of mutual divorce. Normally it would take around minimum 6 months for getting the divorce decree from the family court but can be requested for the grant of decree sooner. It all depends on the judge whether he agrees or not.
Helpful?
25+
25+
Adv. Nitin Agarwal
Gwalior | 25+ Answers
CONTACT NOW
After coming of the Hindu Marriage Act, 1955 into force, divorce on a notarized document is not valid.
Only the Court has the right to dissolve marriage and give decree of divorce.
The notarized divorce you have is not a divorce in the eyes of Law. Such out of Court divorces are not valid.
If both husband-wife agree, they can proceed for getting divorce by mutual consent.
Even either party can file a petition of divorce on the ground of desertion.
The marriage of your husband is not valid. Because notarized divorce is not a divorce. And, for second marriage of a Hindu husband, NOC given by his first wife is not sufficient.
If a Hindu male wishes to marry second time, first he will have to dissolve first marriage by getting decree of divorce passed by competent Court.
Minimum period within which a couple can get divorce is 6-7 months, by filing a petition for divorce by mutual consent under 13B of the Hindu Marriage Act, 1955.
Don't plan to get married in next three months. Because, in Law there can be no such proceeding by which you can divorce your husband within such a short period.
Only the Court has the right to dissolve marriage and give decree of divorce.
The notarized divorce you have is not a divorce in the eyes of Law. Such out of Court divorces are not valid.
If both husband-wife agree, they can proceed for getting divorce by mutual consent.
Even either party can file a petition of divorce on the ground of desertion.
The marriage of your husband is not valid. Because notarized divorce is not a divorce. And, for second marriage of a Hindu husband, NOC given by his first wife is not sufficient.
If a Hindu male wishes to marry second time, first he will have to dissolve first marriage by getting decree of divorce passed by competent Court.
Minimum period within which a couple can get divorce is 6-7 months, by filing a petition for divorce by mutual consent under 13B of the Hindu Marriage Act, 1955.
Don't plan to get married in next three months. Because, in Law there can be no such proceeding by which you can divorce your husband within such a short period.
Helpful?
43+
43+
Adv. Sandeep Naik
Indore | 200+ Answers
CONTACT NOW
Assuming that you are a Hindu, it is illegal to marry during the subsistence of first marriage. The second marriage of your husband is null and void. Notarized divorce is a nullity in the eyes of law. On the basis of 5 years' separation and that notarized divorce document both of you may apply for divorce by mutual consent. You will get divorce within 7-8 months. Till then I will advise you to not to marry.
Helpful?
39+
39+
Adv. Pradeep Naik
Indore | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
