fastest way for divorce - newly married 6 months
19-Feb-2023 (In Family Law)
I married 6 months before and my wife did not come my home even for 1 day. We never had physical relationship. They are not ready to come. We had a mutual agreement for divorce through our parents. What is the fastest process for divorce. 1. Is it a exparte divorce 2.mutual consent divorce 3.If a girl raises for experts divorce. Will it be faster?
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yes you can file a petition for divorce but before that you have to file application and ask for permission to file petition within one year of marriage and after that the court can grant ex parts divorce, but you have to make special circumstances to get permission to file for divorce within one year of marriage.
Respected
As you told she is not coming and she is not ready to accept the matrimonial life, you can file divorce case on the ground of nullity of marriage on the ground that marriage is not consummated.
Here the question of exparte divorce wont arise until she remained absent even after the notice received from the court.
No faster. It will take minimum time.
you can contact us or any counsel known to you
As you told she is not coming and she is not ready to accept the matrimonial life, you can file divorce case on the ground of nullity of marriage on the ground that marriage is not consummated.
Here the question of exparte divorce wont arise until she remained absent even after the notice received from the court.
No faster. It will take minimum time.
you can contact us or any counsel known to you
Hi...if you both are agree for divorce then go for mutual consent by that you can get divorce within six months of presenting the petition. And it is one of the best way to dissolve the marriage or else you have to file contested petition if other party is not resdy
Thank you
Thank you
Dear Sir,
If they come forward then go for mutual divorce. Or else go for divorce on the ground of non consummation.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
If they come forward then go for mutual divorce. Or else go for divorce on the ground of non consummation.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
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