Initial year of our marriage facing hardship, not able resolve issues, would like to go for legal solution for it. We both are working in same profession, she is from Himachal and I am from Delhi, facing lots of problem because different upbringing.
1. how long it take in case of mutual divorce?
2. what is the process to settle it down without any loss?
Asked in Family Law from New Delhi, Delhi
Under Hindu Marriage Act, divorce by mutual consent can be obtained under Section 13B from family court having competent jurisdiction. As both of you are working the issue of maintenance to be paid to wife may not arise.
Both of you would be required to submit consent terms and conditions to the court. A settlement with or without certain amount can be agreed upon.
The requirement is to stay separately for 1 year. However, if appropriate reasons are cited and both the parties agree the court usually are benevolent in granting divorce within few months.
Adv. Feroz Shaikh.