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Procedure to file for mutual divorce and complications connected


12-Sep-2023 (In Divorce Law)
Hi i married to a girl in 2012 from arya samaj ..and we did not register our marriage.now we want to separate mutually.so what should we do now if we go for divorce how much time it will take..we leave seperately from 2015 .there are few questions 1.what is the minimum time to divorce mutal concern? 2.can i marry someone after applying divorce or i need to wait for the hearing. 3.if we agrred upon not to blackmail eachother will that work. 4.where i need to apply for divorce i mean i have to go to my address proof place or i can apply from anywhere in india.
Answers (3)

Answer #1
841 votes
6 months period will be occurred for divorce by mutual consent. you can't marry before final decision on divorce petition. Yes obviously your mutual decision will work. You both can file petition for mutual consent from anywhere in India.

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Answer #2
535 votes
It takes 6 months from the date you file the application for mutual consent divorce. You cannot marry unless the decree for divorce is passed by the judge. Your consent terms should be carefully drafted where it should be mentioned that you both won't interfere in each others lives after filing the application in the court. You can file in the family court of the city where you both were married or the city where you both last resided together.
Answer #3
793 votes
Sir
Minimum time required is Six months after filing of divorce, even though Supreme Court latest judgement has left it to the discretion of Family Court Judges to decide . You cannot marry again till the divorce is granted even if both undertake not to blackmail each other. Finally you cannot file from anywhere , the concerned Court needs jurisdiction to decide and grant Divorce.

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.

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