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Wife cheated and gave birth to child from another man. DNA test done
24-Jul-2023 (In Divorce Law)
My wife cheated on me after our marriage and had physical relationship just after 1 month of our marriage. She got pregnant and gave birth to a baby boy in 2020. I always had doubt on her and I took a DNA test with the child. DNA test proves that I am not the father and after confrontation she had also admitted that she became physical just before she got pregnant.Now I am trying to file divorce with mutual consent. My question is how many months will I have to wait after filing Divorce in case of mutual consent depending upon my situation.
Hi,
For filling divorce petition , you need to have one year separation.
There can be separation between the parties if there is no relation of husband and wife, even though the husband and wife are living under the safe roof.
There will be 2 motions I.e 13 b (I) and 13 b (ii).
Thanks and regards
Ramit Sehrawat
Advocate
For filling divorce petition , you need to have one year separation.
There can be separation between the parties if there is no relation of husband and wife, even though the husband and wife are living under the safe roof.
There will be 2 motions I.e 13 b (I) and 13 b (ii).
Thanks and regards
Ramit Sehrawat
Advocate
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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1 year of separation is compulsory in papers and u will sign first one mou and then go for divorce petition and then it depends court to court about the total duration minimum is not even 2 months but after filing petition if u get shorter date then it's good.
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Adv. Anupama Sharma
Delhi | 200+ Answers
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Divorce by mutual consent can be filed after living separately for a period of 1 year.
both husband and wife file a joint petition before the family court judge.
once the first motion is allowed the parties can file for second motion after 6 months though the 6 months period can be waved of under special circumstances.
degree of divorce is granted once the judge allows the second motion.
both husband and wife file a joint petition before the family court judge.
once the first motion is allowed the parties can file for second motion after 6 months though the 6 months period can be waved of under special circumstances.
degree of divorce is granted once the judge allows the second motion.
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Adv. Kunal Seth
Delhi | 500+ Answers
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Usually mutual consent is filed in 2 motions
After 1 year of separation and 6 months of 1st motion
Along with the settlement since your case is different
It can be done earlier also you can consult directly for faster remedy
After 1 year of separation and 6 months of 1st motion
Along with the settlement since your case is different
It can be done earlier also you can consult directly for faster remedy
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Adv. Madhu Tyagi
Delhi | 200+ Answers
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If you go for mutual divorce then it will be finished by maximum of six months. The period of six months can also be waived off by filing a preponement application in the court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 500+ Answers
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