• I was married 6 years back but we are living apart for the past 2 years. Want to get a divorce.

Hi,

   I got married 6 years back to my wife. But we have been living apart due to differences for the past 2 years now. I want to get divorced so that I can start looking for another girl. My wife has accepted for mutual divorce.

Questions:
1) What is the best procedure to get this done?
2) How much would it cost me and how long will it take?
3) Also my wife is ready to give no objection certificate - will it be ok for me to get married to another girl legally?
Asked 6 days ago in Family Law from Chennai, Tamil Nadu
Religion: Hindu
1. Finalize the terms of the mutual divorce.
2. An advocate can charge you somewhere between 20k to 30k for getting the divorce for you, the same will take 6 months.
3. Only marry, when you get the divorce decree. Any marriage during the subsistence of the first marriage will be a nullity even if your wife gives you a NOC

Regards 
Anilesh Tewari
Advocate, New Delhi
6684 Answers
83 Consultations

4.9 on 5.0

Hello sir , If she is also willing for mutual divorce you can file a mutual divorce petition under section 13b  of Hindu marriage act .. Generally, in mutual divorce court give a mediation period of 6 months for reconciliation , but you can provide a application to waive off mediation period .. Once you obtain the divorce decree you can marry another girl... Thank you 
Hemant Chaudhary
Advocate, New Delhi
2511 Answers
9 Consultations

4.8 on 5.0

Mutual consent divorce takes 6 months 


2) you can enter into consent terms which would be enclosed to divorce petition 

3) it should contain clauses regarding return of stridhan , custody of children , payment of alimony etc 

4) you cannot remarry during subsistence of earlier marriage 

5) legal fees vary depending upon the Lawyer engaged by you 
Ajay Sethi
Advocate, Mumbai
41429 Answers
2372 Consultations

5.0 on 5.0

1. Move a joint motion to obtain mutual consent divorce.

2. The fee that will be charged for this varies from lawyer to lawyer. The whole process of mutual consent divorce will take about 6-to 6 and 1/2 a month. 

3. After the divorce decree is passed, you can remarry.
Vibhanshu Srivastava
Advocate, Bangalore
4243 Answers
36 Consultations

4.9 on 5.0

1. You and your wife will have to file an affidavit, wherein terms of separation will be penned down for eg: that no party will claim anything in future and that all the jwellery has been taken back etc.
2. 3 times, 2 times in the starting and 1 time after 6 month
Anilesh Tewari
Advocate, New Delhi
6684 Answers
83 Consultations

4.9 on 5.0

You will have to go to court on 5 dates or so 

You have to enter into consent terms as mentioned herein above 
Ajay Sethi
Advocate, Mumbai
41429 Answers
2372 Consultations

5.0 on 5.0

What it means by finalising the terms of mutual divorce?
And. This would include the terms and conditions of separation. For ex., if their is child out of your wedlock, it has to be decided as to who will retain the custody of the child post this divorce. Likewise, there could be other issues which need settlement such as joint property, alimony etc. 

- How many times will we (me and my estranged wife) have to visit the court during this (A rough estimate is fine)?
Around 2-3 times. 
Vibhanshu Srivastava
Advocate, Bangalore
4243 Answers
36 Consultations

4.9 on 5.0

Hello sir , in mutual divorce petiton there are 2 motions that are conducted .. 1st motion will be held on the very same day of filing of petiton ( first appearance ) ..2nd appearance will be on the 2nd motion in which the decree will be passed .. Therefore 2 appearances shall be required 
Hemant Chaudhary
Advocate, New Delhi
2511 Answers
9 Consultations

4.8 on 5.0

1. Since she has agreed for mutual consent divorce, you shall have to jointly file a MCD petition now on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.

2. the legal fees will vary from Advocate to Advocate and place to place. in kolkata it should be over for Rs.50 K in total.

3. No. You shall have to get the decree of divorce first based on the MCD to be filed jointly by both of you. Only on receipt of the decree of divorce, you shall be free to marry. In case you marry again during the pendency of your current marriage, she can bring the charge of bigamy against you for which you will be punished with jail term.

4. Her NOC issued in your favour will have no bearing in the instant matter.
Krishna Kishore Ganguly
Advocate, Kolkata
17195 Answers
421 Consultations

5.0 on 5.0

1. Mutual Consent divorce is the form of divorce which is sought on mutually agreed terms without having any grievance or complaint against each other. The term may be payment of certain amount of money to the wife or custody of the child to the wife or gifting of the flat to the wife etc. There may be no term mentioned for the said MCD which will be just divorce obtained mutually without any condition or term. The existence or non existence such terms shall be mutually agreed and  the Court will not interfere in to it.

2. Both of you shall have to sign the jointly signed MCD petition at the place of your Advocates which shall be filed by any one of them. Even one Advocate can get the MCD petition filed by taking the signatures from both the parties. Thereafter, after around 6 & 1/2 months, called cooling period, a date will be fixed by the Court for the 2nd motion when both of you shall have to appear before the Judge to confirm that both of you still want divorce. The decree of divorce will be pronounced in the Court and the written decree shall have to be obtained after 1 to 2 weeks when the Magistrate signs the decree.
Krishna Kishore Ganguly
Advocate, Kolkata
17195 Answers
421 Consultations

5.0 on 5.0

Dear Querist
 my opinion on your queries are as under:-

1) What is the best procedure to get this done?
Opinion:- immediately execute an agreement or settlement with her and file the mutual consent divorce before family court of area where both of were reside or where she is residing.

2) How much would it cost me and how long will it take?
Opinion:- cost is depend on the lawyer of your choice, and it will take six months time.

3) Also my wife is ready to give no objection certificate - will it be ok for me to get married to another girl legally?
Opinion:- no it is not legal, you may be prosecuted for an offence of Bigamy under section 494 of IPC.


What it means by finalizing the terms of mutual divorce?
Opinion:- it means on what terms and condition you both want divorce, like maintenance, stridhan, alimony, child custody if any. Withdrawal of cases or complaint or petition, future precautions,etc.


- How many times will we (me and my estranged wife) have to visit the court during this (A rough estimate is fine)?
Opinion:- 2-4 times within six months.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
4624 Answers
210 Consultations

4.9 on 5.0

As per S.13B of the hindu marriage act, the marriage can be dissolved mutually at the behest of the parties. In the first motion, petition has to be filed and within 6 months if the parties are not able to reunite, then in the second motion where the parties has to appear together has to affirm that the matrimonial relationship could not be resumed. Thereafter, the order will be pronounced.
Rajaganapathy Ganesan
Advocate, Chennai
833 Answers
3 Consultations

4.9 on 5.0

1,  You can prepare a petition seeking divorce on the grounds of mutual consent for the incompatibility reasons. This would be a joint petition i.e., both the parties signing the single petition seeking dissolution of marriage by a decree of divorce on the grounds of mutual consent.

2.  The court fee and the advocate fee may be inquired locally from the advocate who you would engage.


3. Do not marry the other girl before getting this marriage dissolved by a decree of divorce because such an act may render your proposed marriage as null and void even if your current spouse gives you a NOC for this.

T Kalaiselvan
Advocate, Vellore
31526 Answers
338 Consultations

5.0 on 5.0

Can you let me know:
- What it means by finalizing the terms of mutual divorce?

Dont get confused reading all such information.

The terms for mutual consent divorce is that you both give in writing in the same petition that you both have no claims from each other and also have exchanged each other's articles, and also she may even state that she will not claim maintenance amount from you anymore in future, and the custody of child (if any), should be decided in the same petition to avoid future litigation in this regard./

In divorce case you may have to visit the court at least two times before its disposal, if the same is filed on the grounds of mutual consent.
T Kalaiselvan
Advocate, Vellore
31526 Answers
338 Consultations

5.0 on 5.0

Dear Sir,

The following information give you full information. You may contact me on phone if you have any doubts.

 Mutual Consent Step by Step Procedure 

http://indianexpress.com/article/news-archive/web/marriage-divorce-does-mutual-consent-matter/

Hindus: Under Section 13B of the Hindu Marriage Act,a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.
Kishan Dutt Kalaskar
Advocate, Bangalore
845 Answers
5 Consultations

4.9 on 5.0

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