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Procedure to file mutual divorce without court invovlement


14-Dec-2023 (In Divorce Law)
In coming feb 2018 we will complete 2 years of marriage.. my marriage is not registered anywhere we both wants divorce mutually.. what are the procedure we want to setlle this divorce on any stamp.paper without court involvement bcoz we want it asap.. we both are hindu... what are the procedure
Answers (5)

Answer #1
694 votes
You have to adopt Court procedure else that will create problem in future...You have to file a divorce petition under section 13-B of HMA ...This will take time upto 6 months but you both get divorce easily ...
Advocate Dinesh Sharawat

Adv. Dinesh Sharawat

LawRato Rohtak | 25+ Answers
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Answer #2
606 votes
Under Hindu Laws the marriage is not a civil contract, rather it is treated as sanskaar. So dissolution of a Hindu marriage is not permissible under Indian Laws without the indulgence of the Court. In case both of you (you and your spouse) are ready for the divorce by mutual consent. You can get the same dissolved within a week time as per the current law, as held by the Supreme Court.

To give you further advice, you need to tell as to (i) where (in which city) the marriage was solemnised; (ii) in which city both of you stayed together as husband and wife; and (iii) in which city both of you are currently residing and/or working. Upon getting the answer of these questions, one can advise you as to in which court the divorce petition can be filed.

Feel free to meet for further consultation.
Advocate Arun Kumar

Adv. Arun Kumar

LawRatoGurgaon / Gurugram | 100+ Answers
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Answer #3
752 votes
It can not be done on any stamp paper or without Court's involvement. Both of you need to file a joint petition for divorce before the court and it takes 6 months for a divorce decree to be passed by the court.
This 6 Months period can also be waived off by the court on it's discretion depending on the circumstances.
Advocate Amit Kumar

Adv. Amit Kumar

LawRatoGurgaon / Gurugram | 5+ Answers
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Answer #4
635 votes
Hi, the possible way to get divorce is through court decree. An agreement on stamp paper is not legally valid divorce. Through a joint petition by both the parties, you can file a mutual divorce petition.
Advocate Akash Gupta

Adv. Akash Gupta

LawRatoGurgaon / Gurugram | 100+ Answers
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Answer #5
580 votes
See you can file your mutual divorce in court also ...you want it asap then you do not have to wait for 6 months like earlier ...now you can file for your divorce and within a month you get your divorce decreed...
Advocate Ankit Sharma

Adv. Ankit Sharma

LawRatoGurgaon / Gurugram | 100+ Answers
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