Requirements to get divorce and time of separation needed

554 votes

A separation period of 1 year is compulsory for mutual divorce. You may file the application for divorce before the family court. The application would be heard after 6 months from the date of filing and any mutual divorce may be concluded within a period of 8-9 months, provided the parties have decided on the maintenance and child custody.

Advocate Naman Saraswat LawRato

615 votes

Hi Madam,
First u hv to tell me where was your marriage conducted, based on it the jurisdiction court.
Both of u (husband & wife) hv to be present for with consent petition to the court, & 6 months statutory period. After that court shall refer to mediation center for mediating, after that court shll grant divorce.

Advocate Nagendra Prasad LawRato

766 votes

madam, kindly inform about your personal status in UK or India and in India, where is your native place or place of marriage or your permanent or habitual residence etc. And if you are mutually decided about divorce than it takes short span of time, if he contests the divorce it takes some period. Therfore please give further details about it. thanking you.

Advocate LP Mutaguppi LawRato

764 votes

Madam, where are you married? If in India, at Bangalore, if Hindus, and if you are mutually agreeable for consented divorce, then you and your husband have to present a joint petition in the Family Court at Bangalore seeking Divorce by Mutual Consent. Make sure you both are clear about such a move and have drawn a clear road map for future mutual expectations if any (viz., Maintenance, Alimony, Property Division, Child Custody, Visitation Rights and so on).
Though the law on Mutual Consent Divorce mandates 6 months moratorium period for the case to be heard and disposed, the said provision as enshrined in the Hindu Marriage Act is now relaxed if there is exceptional reasons as laid down by the Supreme Court of India in its recent judgment.

Advocate Pradeep Kumar Bharadwaj LawRato

779 votes

Kindly let me know which place your marriage has taken place, if it is Bangalore then you can file case in Bangalore for your relief,without knowing the correct facts I cannot tell you how to proceed your case kindly give detail of your case then only I can tell you, we have a family court in Bangalore for family matters which includes divorce, custody,maintenance. If it is mutual consent divorce the proceedings will take place between six to eighteen months.

Advocate K.P. Sumangala LawRato