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What is the easiest way to get divorce
29-May-2023 (In Divorce Law)
i am hindu from haryana and working in jammu. i got married one year ago.my wife is silent type and due to loneliness i have dipression problem. i want to just leave by giving divorce but i have cultural pressure and fear of dowry aligation. what will be the best shortcut metode to leave her ? can i file divorce case in jammu ? if i go abroad can i take divorce from there ?
After a couple has decided and are certain that they want to separate, the first thing they look for is the easiest way to get divorce. Well, it may take anything from may be a minimum of three hearings or 6 months to three-four years in case of contested divorce. Divorce is governed by personal laws. Hindus (includes Sikh, Jain, Buddhists) are governed by Hindu Marriage Act. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act and The Muslim Women (Protection of Rights on Divorce) Act. Christians are governed by Indian Divorce Act and The Indian Christian Marriage Act. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act.
Mutual Consent Divorce
The simplest way of legally dissolving a marriage is through mutual consent divorce. The only important requirement is the consent of both husband and wife.
There are only two aspects on which the couple has to reach an understanding i.e. alimony or maintenance and the child custody. Duration of mutual consent divorce varies from one month to six months or more.
The following steps need to be kept in mind for a mutual consent divorce-
1. To be eligible to file a mutual consent divorce petition the couple needs to show they have been separated for more than 1-year.
2. The petition should be enclosed with the identity proof, proof of marriage and 2 photographs.
3. The terms if any must be clearly mentioned. For instance, maintenance amount, custody of the child etc.
4. On the day of the hearing, the Judge will ask if both the parties still want a divorce or not and after the same is confirmed the judgment will be given.
5. The certified copy of the said divorce has to be collected after a couple of days after it is signed.
Documents required for mutual consent divorce-
- Income tax returns of last three years
- Details of present income
- Details of property
- Residential details
- Details of family members
Where do you file a case for mutual divorce?
- Court where couple seeking divorce was last living together.
- Court where the marriage of the couple seeking divorce was solemnised
- Court where the wife is currently staying
Mutual consent divorce is considered better than contested divorce because of the following reasons-
1. Uncontested divorce or mutual consent divorce is faster as compared to contested divorce. If the couple has been living separately for more than one year then they get divorce through mutual consent in less than six months.
2. In uncontested divorce since the parties agree on alimony and child custody matters there are no further obstacles and the court can grant the divorce decree at the earliest.
3. In uncontested divorce the couple can happily reach a settlement without court’s intervention.
Is mutual divorce also the easiest way for NRI couples?
Yes. Mutual divorce is the best way even for NRI couples to get separated. If it is contested divorce the couple will be required to appear a lot of times before the court, however, in case of mutual divorce there will be comparatively less court appearances. In case of divorce of an NRI couple, they can file a divorce petition in a foreign country under the laws where the party currently resides. It is imperative that the decree by foreign courts should not be inconclusive of section 13 of the Civil Procedure Code, 1908. Infact, if the divorce petition is filed in India where one of the parties is staying abroad then the court may permit for camera proceedings.
This is the best method for getting divorce even if you are at a little financial loss. When you have mutually agreed on issues like child custody and alimony, the number of court hearings are reduced and the process of obtaining a divorce decree from court becomes faster. It also saves you from a lot of drama and traumatic experience.
Mutual Consent Divorce
The simplest way of legally dissolving a marriage is through mutual consent divorce. The only important requirement is the consent of both husband and wife.
There are only two aspects on which the couple has to reach an understanding i.e. alimony or maintenance and the child custody. Duration of mutual consent divorce varies from one month to six months or more.
The following steps need to be kept in mind for a mutual consent divorce-
1. To be eligible to file a mutual consent divorce petition the couple needs to show they have been separated for more than 1-year.
2. The petition should be enclosed with the identity proof, proof of marriage and 2 photographs.
3. The terms if any must be clearly mentioned. For instance, maintenance amount, custody of the child etc.
4. On the day of the hearing, the Judge will ask if both the parties still want a divorce or not and after the same is confirmed the judgment will be given.
5. The certified copy of the said divorce has to be collected after a couple of days after it is signed.
Documents required for mutual consent divorce-
- Income tax returns of last three years
- Details of present income
- Details of property
- Residential details
- Details of family members
Where do you file a case for mutual divorce?
- Court where couple seeking divorce was last living together.
- Court where the marriage of the couple seeking divorce was solemnised
- Court where the wife is currently staying
Mutual consent divorce is considered better than contested divorce because of the following reasons-
1. Uncontested divorce or mutual consent divorce is faster as compared to contested divorce. If the couple has been living separately for more than one year then they get divorce through mutual consent in less than six months.
2. In uncontested divorce since the parties agree on alimony and child custody matters there are no further obstacles and the court can grant the divorce decree at the earliest.
3. In uncontested divorce the couple can happily reach a settlement without court’s intervention.
Is mutual divorce also the easiest way for NRI couples?
Yes. Mutual divorce is the best way even for NRI couples to get separated. If it is contested divorce the couple will be required to appear a lot of times before the court, however, in case of mutual divorce there will be comparatively less court appearances. In case of divorce of an NRI couple, they can file a divorce petition in a foreign country under the laws where the party currently resides. It is imperative that the decree by foreign courts should not be inconclusive of section 13 of the Civil Procedure Code, 1908. Infact, if the divorce petition is filed in India where one of the parties is staying abroad then the court may permit for camera proceedings.
This is the best method for getting divorce even if you are at a little financial loss. When you have mutually agreed on issues like child custody and alimony, the number of court hearings are reduced and the process of obtaining a divorce decree from court becomes faster. It also saves you from a lot of drama and traumatic experience.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Dear client!!!
My answer to your query is very simple. There is no short cut to seek divorce from your spouse except when you both parties seek divorce by filing a Mutual consent petition in a competent court of law. You can not file a divorce case in Jammu as your marriage is solemnized out side the state of Jammu and Kashmir and so J&K Hindu Marriage Act will not be applicable to your case and if your marriage is solemnized in J&K, then you can file a divorce here. One more aspect, i would like to clarify you that your case falls within the Matrimonial Bars that is you can not file divorce case before the completion of 3 years of your marriage, however, this period is one year in J&K. So far as divorce is concerned in international jurisdiction like in USA or UK or Canada, it all depend what ground you press there. Ex-parte divorce decrees obtained from abroad are not recognized in India. I cannot opine much on insufficient facts stated by you in your query.
Anyway
Thanks.
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