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Request for information - File for Divorce
05-Jul-2023 (In Divorce Law)
Hello. We are from Kathmandu in Nepal. My son would like to file for divorce. My son's wife is an Indian National and she is from Kalimpong in India. My son and his wife are both hindus. Both of them have realised that their marriage is dead. Can the divorce take place in a Siliguri court or in a court preferably near the Indian-Nepali border. Does my son have to come there? How long will the whole process take? I look forward to hearing from you. Thank you.
The divorce can be filed in two places, the place where the marriage took place and the place where the parties last resided together. The mutual consent divorce takes six months time, both the parties shall have to be present before the court. Thanks and regards
Helpful?
Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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madam/Sir
when this kind of situation arrised both the parties has to obtain special provisions of law where both the countries legal system are equally important.
there is some provisions of law to solve your matter very peacefully.
for further assistance please contact
Mita Banerjee
Advocate
High Court Calcutta
when this kind of situation arrised both the parties has to obtain special provisions of law where both the countries legal system are equally important.
there is some provisions of law to solve your matter very peacefully.
for further assistance please contact
Mita Banerjee
Advocate
High Court Calcutta
Helpful?
Adv. Mita Banerjee
Kolkata | 100+ Answers
Chat
If both husband and wife agreed for divorce then file a joint petition for divorce by mutual consent under section 13B of the Hindu marriage Act, 1955. And minimum one year separation is required for filing mutual consent divorce petition.
In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.
For mutual consent divorce both the parties required to wait one year from the date of marriage.
And the 6th months cooling period can be waived
The waiver application can be filed one week after the
first motion giving reasons for the prayer for waiver.
the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.
Section 19 of the Hindu Marriage Act, States that Court to which petition shall be presented.- Every petition under this Act
shall be presented to the district court within the local limits of whose ordinary original
civil jurisdiction-
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation
of the petition; or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case
where the respondent is, at that time, residing outside the territories to which this Act
extends, or has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him if he were alive.
In mutual consent divorce two important things are child custody and alimony matter , every thing is fixed by both parties free consent.
Mutual consent divorce takes 6 months time. And cooling period for mutual consent divorce is 6 months.
For mutual consent divorce both the parties required to wait one year from the date of marriage.
And the 6th months cooling period can be waived
The waiver application can be filed one week after the
first motion giving reasons for the prayer for waiver.
the waiver of the waiting period for the second motion will be in the discretion of the concerned Court.
Section 19 of the Hindu Marriage Act, States that Court to which petition shall be presented.- Every petition under this Act
shall be presented to the district court within the local limits of whose ordinary original
civil jurisdiction-
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation
of the petition; or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case
where the respondent is, at that time, residing outside the territories to which this Act
extends, or has not been heard of as being alive for a period of seven years or more by
those persons who would naturally have heard of him if he were alive.
Helpful?
Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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