• Mutual Divorce

I am married (register marriage) in 2007. But the decision was taken in a pressure of my spouse, so since the marriage day we both not live together. I am still residing in my fathers home. During the period i have filed null and voids and divorce petition. But both the petition rejected. Now we both redy to take mutual divorce. what is the procedure? Is it necessary to live together as we did not live together for single day.
Asked 7 years ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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7 Answers

1. Your lawyer doesn't seem to have idea about mutual divorce.

2.For Mutual divorce there is no need to stay for a single day/might with each other.

3. If you reject any attempt of reconciliation of court the court is bound to grant you decree of divorce.

4.There is no need to make the court understand the reasons behind your mutual divorce.

5. So engage a new lawyer and file the petition for the same .

All the best.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
525 Consultations

1) you can file petition for divorce by mutual consent

2) your lawyer will draft petition for divorce by mutual consent

3) in petition it should be mentioned that parties have stayed separately for period of one year

4) that there is no collusion between parties

5) consent terms should be enclosed to the divorce petition

6) you should enclose marriage registration certificate

7) if marriage is not registered then wedding photographs and marriage invitation card should be enclosed

8) mutual consent divorce takes around 6 months

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

Dont make any false statement on oath

It is not necessary to state that you have lived together for 2 months

Ajay Sethi
Advocate, Mumbai
97680 Answers
7906 Consultations

The law does not prescribe that you are required to stay together to apply for mutual divorce.

So where is the question of establishing the opposite thing.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
525 Consultations

But both the petition rejected. Now we both redy to take mutual divorce. what is the procedure? Is it necessary to live together as we did not live together for single day.

Living separately away from each other for more than a year shall be the main condition for a divorce petition to be filed under mutual consent grounds.

You can very well go ahead with the petition for divorce under the mutual consent grounds.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

My advocate insisted me to accept 1-2 month period in which you live together. it will help you to get mutual divorce within 6 month otherwise court will not understand why you both are taking mutual divorce if we not live together for single day. In My previous petition it is clearly mentioned that we never live together. So now if i accept 2 month period may i mislead court?

Your advocate is misguiding you.

It is not necessary to show that yo moth were living together for one or two months.

You can explain the facts that due to the compelling circumstances you both never lived together even for a single day till this date.

You can draft the pleadings in such a way that it makes proper sense.

You can change the advocate if this one is not supporting or cooperating with you.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

Is there any low or section which support to take mutual divorce without living together for single day.

There is no mandatory requirement for both to have lived together for some period for filing mutual consent divorce.

T Kalaiselvan
Advocate, Vellore
87882 Answers
2366 Consultations

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