• File for Divorce Mutual consent

My friend married in July 2016 and sooner within 1 months time frame he came to know regarding his wife's affair.He doesn't trust her now nor his family.So the very day when they came to know their family sent her back to her parents home.Now my friend's family want to file for divorce but mutual one.They even don't have marriage certificate before filing for that they came to know about her affair.Now what are the chances to get early divorce?Are there any complications?As police can easily recover messages and call history from her mobile about her contact with her boyfriend and is this enough to prove guilty in court of law?If she says no for mutual consent?Can my friend's family now file for mutual consent divorce as 6 months have passed by for marriage and 5 months for their separate living?If not when they can file for divorce?What can be total time frame for the total procedure or to get divorce by mutual consent from court of law from today itself?And also what are the proof to be shown to know they are living separately?
Asked 6 months ago in Family Law from Nashik, Maharashtra
Religion: Hindu
1. To file for mutual consent divorce the spouses do not require marriage certificate. There has to be a positive agreement between spouses to file for it as it is a joint petition that has to be signed jointly by both spouses. Under Hindu Marriage Act a petition for dissolution of marriage cannot be filed unless a year has expired from the date of marriage. It takes 6 months for the process to culminate from the date of filing. This period can also be shortened by the Supreme Court.

2. Police cannot and it will not pull out the messages and call records between the wife and her love affair as having an affair prior to marriage is not an offence. 
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

1. If the wife is ready for mutual divorce then lach on this opportunity and file a mutual divorce petition.
2.If mutual divorce is a possibility then forget about her past or obtaining the evidences.
3. If mutualdovorce then divorce may be difficult to obtain as getting those evidences are not so easy and the Police is not going to help you in any way in collecting the same.
4. In mutual divorce it takes six months of time.
5. No proof is required to sho0w their separate stay.
6.However before August , 2017 you cannot apply for mutual divorce.
Devajyoti Barman
Advocate, Kolkata
8190 Answers
98 Consultations

4.9 on 5.0

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

2) for divorce by mutual consent it is necessary that both stay separate for period of one year before filing for divorce by mutual consent 

3) if wife is not agreebale for divorce then you have to file for contested divorce on grounds of mental cruelty and adultery 

4) contested divorce takes 5 years and mutual consent 6 months 

5) you have to prove allegations made by you of wife extras marital affairt after marriage in a contested divorce 

6) contact a detective agency and gather evidence of her extra marital affair 
Ajay Sethi
Advocate, Mumbai
31198 Answers
1713 Consultations

5.0 on 5.0

Your friend can go abroad for further studies 

2) he will hav e to come to India to file for divorce

3) your friend has to prove his wife has extra marital affair 

4) if divorce is to be filed by mutual consent friend can execute POA in favour of family member . He can convey his consent for divorce by Skype . Personal presence would not be necessary 

5) your friend needs court orders to access your wife call records 

Ajay Sethi
Advocate, Mumbai
31198 Answers
1713 Consultations

5.0 on 5.0

1. If mutual divorce doesn't happen then you have to file a suit for contested divorce.
2. In contested divorce suit some evidence is required.
3. However evidence of eye witness is enough.
4. Six months period can't be waived.
Devajyoti Barman
Advocate, Kolkata
8190 Answers
98 Consultations

4.9 on 5.0

1. Anything that is pleaded has to be proved in the court through cogent evidence. 

2. Your friend will be free to go out of India for studies.

3. After the first motion there is a cooling off period of 6 months, so he will have to appear again in the court after 6 months.

4. Messages and call records can be retrieved only through a court order.
Ashish Davessar
Advocate, Jaipur
20371 Answers
537 Consultations

5.0 on 5.0

Since your friend has married in the month of June 2016, one year will be completed in June 2017 only.
He can apply for divorce on mutual consent grounds in the month of July 2017 because it is reported that they are living separately one month after their marriage.
The time taken for disposal of divorce on mutual consent divorce is 6 months from the date of filing, this is minimum period.
There is no shortcut for this and there can be nothing less than this.
T Kalaiselvan
Advocate, Vellore
21388 Answers
208 Consultations

5.0 on 5.0

After 1 year of separation again parties have to wait for 6 months as per court procedure is there no way to decrease the period?Is there any other thing that they need to consider other than the above possible questions?

As I told earlier there is no short cut for this and the solution is that they have to wait for 6 months, this is mandated in the law 
One has to comply the procedures as laid down in  law for this purpose.
T Kalaiselvan
Advocate, Vellore
21388 Answers
208 Consultations

5.0 on 5.0

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