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Queries about mutual divorce & information


11-Aug-2023 (In Divorce Law)
Mutual divorce queries 1.as we can fill the petition after 1 year of marriage, if partners doesnt live together after 3 months of marriage,does those 9 months will also b considered as living separately? 2.how to inform other partner dat one is seeking mutual divorce (through mail or send notice or lawyer can talk on behalf) ? 3.once filled, does d girl/boy & family gets police security to keep him/her safe of threat issues 4.if one is outside country, can join d hearings via video conference?
Answers (5)


LawRato

Answer #1
683 votes
1 we can file the petition after 1 year of the marriage that is mandatory provisions as per Hindu marriage Act. If both the partners are living separately that is also considered. You can informed the partner by any mode. Prior to filing the divorce petition a mediation also conduct. No need to police security. No only for one motion you can join through VC.
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Answer #2
674 votes
1. Yes, that period of 9 months would be counted as separation. 2. You don’t have to inform the other party, you have to jointly file the petition with their consent. 3. No, no police security is provided. 4. Yes, you can join through video conferencing.
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Advocate Madhuri Bakshi

Adv. Madhuri Bakshi

LawRato Faridabad | 50+ Answers
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Answer #3
567 votes
Hello Maam/Sir There is a condition of 1 year to marriage Living together or separate is judges whether the relationship of husband-wife is there between the parties Sending legal notice indicating your intention to divorce Please feel free to contact us for further assistance on this matter Thanks Adv Dr Preeti Manderna
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Dr. Preeti Manderna

Dr. Preeti Manderna

LawRatoPanchkula | 400+ Answers
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Answer #4
520 votes
Sir/ Madam, I'll try to answer your queries as briefly and precisely as possible. 1. As stipulated in the concerned Hindu Marriage Act, 1955, no petition for divorce can be moved within a period of 1 year from the date of marriage. Further, for a petition for mutual divorce to succeed, there has to be a separation period of 1 year. 2. The same can be informed to the other partner either ways, be it formally through a legal notice or be it informally by a phone call or a text message. But the petition for mutual divorce has to be moved in consonance with the other party. 3. The question was unclear as to who posses the threat and what is the severity of such threats. please provide us with further details on the same. 4.In cases where either of the party is not residing within the territory of India, they can accord a power of attorney to any person to conduct trial on their behalf.
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Advocate Vivek Tanwar

Adv. Vivek Tanwar

LawRatoGurgaon / Gurugram | 50+ Answers
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Answer #5
879 votes
1. yes 9 months shall be termed as separation 2. information through personal notice is of no value. only notice of divorce petition, sent by court shall be termed as effective approach ,3. only police can help in such cases. however, court has ample power to provide security to any party, if court deems fir and required 4. video conferencing Is permissible to attend court proceedings
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Advocate Kumar Gaurav

Adv. Kumar Gaurav

LawRatoPanchkula | 25+ Answers
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