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When to apply for Mutual Divorce, 1 year of marriage or separation
20-Nov-2023 (In Divorce Law)
my sister got married since last december,2016.but after two months both separated.we have taken divorce on 100 rs stamp paper mutually so is it valid or not ?. when we can apply for court decree either 1 year after marriage or 1 year after get separated? please clarify for both question. how much time it will take to get court decree after applying mutual consent divorce?
Divorce taken on stamp paper is not valid in the court of law and divorce can be taken under mutual consent that is under section 13(b) of Hindu marriage act and before that they must have been living sepeartely for continuous period of one year.
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Adv. Ketan B Jain
Vadodara | 25+ Answers
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The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.
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Adv. Aftabhusen A Ansari
Ahmedabad | 25+ Answers
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Validity of taking Divorce on Stamp Paper depends upon customs prevailing. It is not Divorce Decree. You need to take Decree from the Court. After 1 year of marriage you may file for Divorce and as it has been taken by mutual consent then may approach the Court for Mutual Divorce. In case of exceptional cases divorce is granted before completion of 1 year of marriage.
Adv.S.R.Shukla
Adv.S.R.Shukla
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Adv. Suneeta Ramesh Shukla
Ahmedabad | 100+ Answers
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Divorce on stamp paper of Rs.100 is not valid as per law. So, your sister needs to apply in court for decree of divorce by mutual consent which can be filed one year from the date both are living separate.
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