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When can we file divorce by mutual consent?
28-Aug-2023 (In Divorce Law)
We have been married since December 2016. We lived together for 4 months after marriage (1 month in India with parents and 3 months abroad). We have been living separately since April 2017. Husband is living abroad and wife living in India (Husband has been working and living abroad since June 2015). When is the earliest that we can apply for mutual consent divorce? We are Hindus. Both of us are educated and working. We have no kids. There was no dowry (in any form) involved. Thanks in advance.
It is mandatory that the parties to the marriage shall be living separately for a period of one year or more before the presentation of the petition for MCD. The court can grant the decree of divorce six months after the presentation of the petition. The six months transitional period has been held not to be mandatory.
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Adv. P Venu
Vaikom | 500+ Answers
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Hai
simply u can file for divorce under mutual consent by jan 2018 to be precise. But u may file an opposing divorce petition earlier which have no mandate period of one year from date f marriage as in mutual consent divorce application.
its just months from marriage. Try to settle it if possible. Else leave it n be free at the earliest.
Hope am upto ir query
simply u can file for divorce under mutual consent by jan 2018 to be precise. But u may file an opposing divorce petition earlier which have no mandate period of one year from date f marriage as in mutual consent divorce application.
its just months from marriage. Try to settle it if possible. Else leave it n be free at the earliest.
Hope am upto ir query
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Adv. Manoj George
Alappuzha | 200+ Answers
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Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. The parties have been living separately for a period not less than one year is the condition for filing Divorce petition.The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.
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Adv. Ajay NS
Ernakulam | 200+ Answers
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