Hello,

The same will be done under the provisions of the Hindu Marriage Act.

You will have to attend the court for 2-3 dates, but you will just have to appear and sign and it will be a hassle free process.

For filing the same first a document will be drafted which will contain all the terms and conditions of the separation, the same will then be presented before the court in your presence.

After that the case will be sent to mediation (as per the judgement of the SC), and then a date will be given for second motion, divorce will be granted to you on the second date.

Regards

Also tell me as to in which city of Maharashtara the same has to be done, so that I may tell you the professional fee for the same.

Regards

1)you can file for divorce by mutual consent

2) enter into consent terms wherein clauses relating to return of stridhan , custody of children , maintenance for wife , etc are incorporated

3) if you cannot come down to india execute POA in favour of family member

4) virtual presence through skye is sufficient . MCD takes 6 months

5) legal fees vary depending upon lawyer engaged by you

Both of you may file present petition to obtain divorce by mutual consent.

The whole process will take about 7 months and will require the appearance of you two, twice.

Fee charged, depends from lawyer to lawyer.

Hi, the mutual divorce petiton is filed in court under section 13b of Hindu marriage act .. There are 2 motions that are conducted .. The date of 6 months is given for the 2nd motion , on which the the divorce decree is passed after joint statement.. Where do you need to file for divorce? The expenses will be 25,000 /-including litigation +documentation charges

A marital bond ca only be dissolved through the decre of court and to obtain the samephysicalpresence in court is mandaotry.

So you have to file a suit for mutual divorce .While Filing your attendance is not necessary.

However after six months when the case would be taken up for final hearing both of your physical presence mandatory.

This is one time attendance which can not be dispensed with.

If you both are agree to get mutual divorce. And you are also not want to file regular civil suit under section 13b of the Hindu Marriage Act for mutual consent divorce. Then, you have right to approach the supreme court under article 142 of the Constitution of India for passing a decree of divorce. According to article 142 of the Constitution of India the Supreme Court of India has special power to give justice in exceptional cases. In many cases the Supreme Court of India has held that if the parties to the marriage are ready to end their marriage by mutual consent and also do not want to beer cooling period of 18 months, then on filing of the petition under article 142 of the constitution the supreme court can waive out the cooling period and grant decree of divorce.

Therefore you should approach the supreme court under article 142 for immediate granting of divorce. Only Supreme Court has power to grant such divorce.

1. If both of you are into a positive agreement to end your marriage then you may file a petition for mutual consent divorce which takes only 6 months to conclude.

2. Both the spouses will inevitable have to appear in the court twice, firstly on the first motion and thereafter on the second motion which will be scheduled after 6 months. You cannot get a decree of divorce without attending the court.

3. The charges will be the fee of your lawyer, which we cannot predict.

1) you can execute POA in favour of family member to attend on your behalf

2)your personal presence is not necessary

3) virtual presence through skype is sufficient

4) your lawyer can send you papers for your signature . have it attested before indian consulate

5) MCD would take around 6 months

No problem if you won't be personally available to file the motion. You may engage an agent on your behalf, preferably one of your close relatives, by means of a power of attorney. This POA holder can file the case on your behalf and represent you in the mutual consent divorce proceedings.

Yes, everything can be done in one sitting/appearance if both your POA holder and your wife plan and coordinate to get all the formalities done expeditiously. It will always take at least 6 months to get concluded, irrespective of when it is filed.

Do let me know incase you need any help in doing this.

Best,

Vibhanshu

1. if you have got married in India as per Hindu Marriage act, then the best course of action for both of you shall be to jointly file a Mutual Consent Divorce Petition on agreed terms.

2. Before filing the said MCD petition, you shall have to negotiate with your wife on the terms of her agreeing to sign the MCD petition along with you.

3. In certain cases, both the parties do not want any thing from each other and just want divorce. In certain cases, wives agree for signing the said MCD petition on certain terms like payment of one time alimony, custody of child etc.

4. The MCD petition will be disposed of with in 6 & 1/2 months from the date of its filing.

5. For filing the MCD petition both of you shall have to either come to India or get your signature signed on the Petition attested/notarised by the appropriate officer of local Indian Consulate.

6. Both of you shall have to be appear before the Court on the final day of the hearing after 6 months called the 2nd motion when you shall have to confirm that you still want divorce.

7. Ordinarily, lawyer may charge Rs.40 K to Rs.50 K for each parties for drafting, filing and completing the said MCD petition to its finality.

6 months duration can be decreased.

Papers can be prepared in one meeting also.

Both the parties may tell there respective conditions, as per which a lawyer may draft the petition an then can be reviewed by both the parties to carry out appropriate changes.

In pune/ mumbai online thing is available.

Regards

Need your kind guidance on filing divorce from my wife.

We have been married since 2009 and not living together since last 2 years 3 months.

We both mutually want to get separated and really don't want into getting hassle of attending court.

Please suggest how can we proceed for to this and what will be charges for this overall process (particularly Maharashtra region).

If you both have agreed for mutual consent divorce, then you can file a petition seeking dissolution of marriage under the mutual consent.

But you cannot avoid going to court at least two times for this purpose.

The lawyer's fee may be enquired from the lawyer you may choose to engage

But i can't come to India as i am based out of India for some time now. However i can attend it on any video conference medium. In addition, i am looking for filling my petition from Pune/Mumbai and also suggest if there is any way in which final paper/documents can be done in one sitting/attendance as both parties are agreed to separate mutually.

And to make things faster is it helpful if i ask my wife to file for divorce or will it still take 6 month

You cannot avoid attending the court because if the court insists on your appearance you have no choice.

In fact you can file a MCD petition and seek the waiving of the 6 months cooling off period owing to the prevailing circumstances, the court based on the recent supreme court decision , may grant you divorce immediately, try.

If you do not want to go through Section 13b of Hindu Marriage Act then you can prefer petition before the supreme court under article 142. Your personal appearance is not necessary at the time of filing of the petition. You have to appear before the court at the time of final hearing. You can also attend the court and record your statement through video conferencing because the mediation centre of the Supreme Court has such facility. You can also file a petition before the supreme court through online.