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Wish to take divorce through mutual consent in shillong
17-Aug-2023 (In Divorce Law)
What is the fastest way to take divorce based on mutual consent? Please suggest a lawyer in Shillong for the same. How much time will it take? Religion Sikh girl married to Hindu brahmin boy
There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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