Your marriage has been completed one year from January 19 to January 20 so it is possible now to go for diversification your wife has to be done the annulment application in the court and both of you have to file mutually consented divorce petition. As in return of their application for the divorce you are also looking for the same thing so it will be good for both the parties to go for mutual consent and get the divorce soon as possible

You have to stay separate fir period of one year the file for divorce by mutual consent 

2) divorce petition can be filed where marriage was solemnised or where you stayed together after marriage or where wife is staying 

3) judge accepts statement of parties that they are staying separate for period of one year 

4) you don’t need to do any thing further after court passes divorce decree 

5) family court does not waive cooling period of 6 months 

Not before one year of marriage. She is calling you there so that jurisdiction of that place can be made - divorce can be file where couple last resided together.

Declaring one year separation is enough, no proof required.

4. NO

In your case 6 months time may not waive as very less time is consumed till now of marriage. 

Why do we need to file a separate mutual divorce petition wherein there is a law that a contested divorce itself can be converted to a mutual divorce one by the learned judge, dont agree to separate petitions. 6 months can be waived on only if 6 points are taken in account then only also secire the point of no claims after divorce is complete, you getting misguided, i hope your lawyer is not benefitting from other side.

Contested petition can be converted into mutual - not permitted. 
You are not advisable to go there,. 

1. Yes, why more time. If both parties are agreeable it needs to placed before the judge and seek an order, doing it separately means two expenses, why not in one expense.

2. 6 months waiver happens on six points need to be fulfilled.

3. Huge risk, hope after divorce no claims.

Need detailed history

Application can be made for conversion of existing petition  into divorce by mutual consent 

2) in such case time spent in court can be considered and cooling period waived by family court 

Dear Sir,

Divorce by Mutual Consent is the fastest, cheapest and most stress free way of getting Divorce in India. It can take between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

After filing the Joint Petition (First Motion), get their statement recorded on oath, then the court grants 6 months to couple to reconcile or reconsider their decision which is know as cooling-off period.

If both parties are not able to reconcile their differences within 6 months, they are required second motion after 6 months but, it has to be before the period of 18 months, the Court will hear both parties. The Court, on being satisfied and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.

There are plenty of experienced and affordable divorce lawyers at PocketLawyer who can help you to get divorce by mutual consent at affordable cost and without delays.

Where can you file the petition:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Divorce by Mutual Consent

Under Section 13-B of the Hindu Marriage Act, 1955 (as amended by the Amendment Act No. 68 of 1976) couples can seek divorce by mutual consent, i.e., by mutual consent of both parties to the marriage. Hindu Marriage Act is applicable basically to a person who is Hindu, Buddhist, Jaina or Sikh by religion.

If couples has performed a civil marriage or the so-called “court marriage” or an inter-religious or inter-community marriage under the Special Marriage Act, 1954. Then these couples can file for mutual consent divorce under Section 28 of the Special Marriage Act, 1954.

Following conditions must be fulfilled for making a petition for mutual consent divorce :

1. That husband and wife have been living separately for a period of one year or more.
2. That they have not been able to live together.
3. That both husband and wife have mutually agreed that the marriage should be dissolved.

Both husband and wife should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children. They should mutually decide regarding the Alimony, Returns of Item, Court Case Expenses etc.

If she had applied for annulment initially than same case can be continued and get the nullity of marriage. Instead going for mutual consent divorce.

1. Yes divorce will be granted as its more than a year of marriage.

2. No petition will not be dismissed due to jurisdiction. 

3. Staying away duration doesn't matter in mutual consent divorce,  it should be more than a year of MARRIAGE. 

4. No nothing is to be done.

5. An application will be filed after 15 days of the first motion. It will wave off the six months cooling period.

CONTESTED DIVORCE PETITION WILL NOT BE CONVERTED IN TO THE MUTUAL CONSENT, CONTESTED CASE WILL BE WITHDRAWN AND A NEW MUTUAL CONSENT DIVORCE PETITION WILL BE FILED. 

Thanks.

Yes wife can claim maintenance from you even if after divorce by mutual consent 

2) wife is always at liberty to withdraw her consent  for mutual consent divorce  

1. No she cannot claim anything after the mutual consent divorce. 

2. Mutual consent divorce petition will be filed only by any one of you. Either you or your wife.

Get her withdraw all the cases before the second motion of the mutual consent divorce. 

She cannot create any problem after mutual consent divorce. 

Thanks 

Dont get confused, what ever i am telling you i can give you judgements to the effect, yes even after divorce she can claim even if she has refused it now why does she need to withdraw annulment, when it can be turned to mutual divorce in the same court, writing creates more confusions, if you wish seek this forums consent to talk

The contested divorce petition can be converted to mutual divorce by the parties itself. Then the judge can decide the same and grant decree of divorce

1.  You are right that the period of separation between the couple is one year or more,hence you may be cautious while presenting the current petition for mutual consent divorce.

2. If the jurisdiction do not fall within the court limits  then the court may reject the petition on the same point.

3. Judge will not ask for any proof for living separately away from each other for one year or more.

4. If the marriage was registered under special marriage act then you cannot file the divorce petition under Hindu marriage act.

5. You both can file a joint affidavit with the reasons for seeking waiver of 6 months cooling off period , the court may at its discretion allow the petition.

1. You can inform the court that since both have agreed for mutual consent divorce, you would like to file chief affidavits on both the sides simultaneously and get the case disposed as prayed for on the same day.

2. what?

3. You do not have to take any precaution on it, except that both the sides should talk about this with each other and arrive at an amicable solution.

1. The court will pass the decree of divorce without granting any monetary benefit to her, however if she is desirous of any monetary benefit she may have to file an application for maintenance  separately.

2. Depends on  prevailing circumstances at your end.

.

Dear Sir,

In the case of divorce by mutual consent if the wife had relinquished her right to maintenance, she cannot later claim maintenance.

Yes, wife is entitle to claim maintiancne even after divorce and her refusal to claim in future in MCD. But first for any reason, file MCD.

Joint petition will and not separate.

1. Mutual consent divorce will not be maintenable if separation period is less than one year but under some exceptional circumstances it can be accepted by court. 

2. Yes court can dismiss the case based on jurisdiction

3. It will be okay judge will grant divorce if your separation period is more than one year.

4. Cool off period can be waived off by judge but it depends on discretion of court. 

1. No

2. You to go for MCD when you both have filed for annulment, kindly make MOU and submit the same annulment case.