• Want divorce on mutual understanding

I had done court marriage in asansole in 2008, i am living in banglore.we want divorce on mutual understanding. Can it be taken from Banglore ? Or i have to file in asansole.How much time it will take to separate legally. Now we are living sepratly from six months.we don't have any children.I am full tensed and affecting my health. She is at present ready to give divorce.I am hindu.please suggest good legal adviser in banglore for divorce purpose.
Thanks
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Since how long have you been staying in Bangalore, will need address proof, you must have lived separately for atleast 1 year, this can be shown to, from the date of filing for the divorce you will have to wait for 6 months and then the divorce will be granted. 
You may contact me if necessary and if you do not have any other legal counsel in mind.
my contact number is 9341262422.
Kiran N. Murthy
Advocate, Bangalore
887 Answers
72 Consultations

5.0 on 5.0

1) you can file for divorce in Bangalore as you have been staying after marriage in Bangalore 

2) divorce by mutual consent takes 6 months 

3) you can contact any lawyer on this website from Bangalore 

4) you should be staying separate for period of 1 year before filing for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
33622 Answers
1854 Consultations

5.0 on 5.0

A divorce case can be filed under section 13B of Hindu Marriage Act for dissolving the marriage held between you and your wife by a decree of divorce on the grounds of mutual consent.
The jurisdiction for filing divorce can be at following places:
 1) Place of marriage  (i.e., Asansol)
2)  Place where both of you last resided together  (if it is Bangalore, then you can file at Bangalore family court itself)
3)  Place where the wife is presently living

Divorce on mutual consent will take only six months, i.e., after filing the case, a cooling period of six months waiting is mandatory and on completion of the same, upon other formalities, the court will pass a decree and judgement dissolving the marriage as prayed for.
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

1. If both of you are into a positive agreement to end your marriage then mutual divorce may be filed at the place where you and she last resided together or where she is residing now. It can also be filed in Asansole.

2. It will take around 6 months for the divorce to be granted by the court.
Ashish Davessar
Advocate, Jaipur
20744 Answers
548 Consultations

5.0 on 5.0

Hi, as per law you can file a petition for divorce where your marriage has been taken place and where both of you last resided as husband and wife.

2. In your case as both of you are last resided in Bangalore so you can file a petition for divorce in Bangalore also.

3. For mutual consent divorce it will complete with in 8 moths.
Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

Hello,
1) You can file for divorce at the place of marriage, where you both resided together as husband and wife lastly, where the wife of currently staying. You can show that Bangalore if the place you resided together last while filing for divorce by mutual consent. Have some document ready for proof of residence. 

2) You need to show that you have been residing separately for one year prior to filing fit divorce.

3) It will take six months for the divorce to be decreed.

4) You may engage one of the lawyers on Kaanoon site based on Bangalore to file the case for you.
S J Mathew
Advocate, Mumbai
2079 Answers
87 Consultations

5.0 on 5.0

Yes you can file the divorce at Bangalore,if Bangalore is the last residing place living together as husband and wife .More than Six  month will take a decree under Mutual divorce petition from the court. One year separation period is need for filing mutual divorce petition.

Steps in Court Procedure (13 B)

In all there are two court appearances in a mutual divorce
1.	First A joint petition signed by both parties is filed in court. Secondly In the first motion statement of both parties are recorded and then signed on paper before the Honourable Court.
2.	Thirdly The 6 month period is given for reconciliation, (the honourable court gives a chance to the couple to change their mind)
3.	Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
4.	Divorce decree will be granted as the Honourable Court may deem fit.
Ajay N S
Advocate, Ernakulam
2326 Answers
28 Consultations

5.0 on 5.0

both need to be represented by different advocates, total cost would be around Rs.50,000/-, to be paid in two instalments. 
Kiran N. Murthy
Advocate, Bangalore
887 Answers
72 Consultations

5.0 on 5.0

1) you can be represented by common lawyer

2) legal fees vary 
Ajay Sethi
Advocate, Mumbai
33622 Answers
1854 Consultations

5.0 on 5.0

Both can be represented by one Advocate. Professional Fee varies form Advocate to Advocate. 
 
Sandeep Hegde
Advocate, Bangalore
397 Answers
109 Consultations

4.8 on 5.0

A single advocate may represent both the persons in the mutual consent divorce intended to file.  The advocate fee will depend on the advocate whom you may engage, others cannot fix an advocate fee other than himself. 
T Kalaiselvan
Advocate, Vellore
23650 Answers
233 Consultations

5.0 on 5.0

Yes - you can apply for divorce in Bangalore and by mutual consent it would take maximum of 6-8 months as you are already staying seperatly for last 6 months. Yes you can be represented by same lawyer, although it is suggested to have two - speak to your lawyer he will get one of his associate representing your wife for the namesake. 
Atulay Nehra
Advocate, Noida
809 Answers
25 Consultations

4.7 on 5.0

1. Both of you can file a joint mutual consent divorce petition at Bangalore,

2. In the said petition you shall have to show and mention that you both are staying separately for at least one year which is a mandatory requirement for filing MCD petition,

3. 6 months after filing the said application, both of you shall have to appear  before the Court to confirm that both of you still want the decree of divorce,

4. After that theb Judge will issue the required Decree of Divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
14876 Answers
351 Consultations

5.0 on 5.0

1. Both should be represented by individual Advocates,

2. Expenses vary from place to place and lawyer to lawyer. it should be around Rs.50 K in Kolkata.
Krishna Kishore Ganguly
Advocate, Kolkata
14876 Answers
351 Consultations

5.0 on 5.0

One advocate can represent both spouses in mutual divorce proceedings. The fee of the lawyers is not uniform, so cannot speak on this.
Ashish Davessar
Advocate, Jaipur
20744 Answers
548 Consultations

5.0 on 5.0

Hi, for mutual consent divorce both the parties can be represented by one advocate and cost will be depending upon the advocate.
Pradeep Bharathipura
Advocate, Bangalore
4363 Answers
175 Consultations

4.3 on 5.0

Yes both can use one advocate ,the expense depends up on the fee levied by the advocate,for filing the petition 10 rupee court fee stamp is enough
Ajay N S
Advocate, Ernakulam
2326 Answers
28 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer