file mutual divorce and it will complete in 6-7 months.
kindly keep in mind that sereration of one year is required for mutual divorce
mutual divorce
hello sir. my marriage lasted for only 10 months. I want to know few things as: 1. what is the fast way or fast track process to get mutual divorce. 2. My marriage is not registered marriage so is there a process that things will move faster. Please let me know so that i can start it as early as possible.
Asked 10 years ago in Family Law
Religion: Hindu
14 Answers
1) you must be having wedding photographs , marriage invitation card . even if marriage is not registered you can file for divorce
2) file for divorce by mutual consent
3) it will take around 7 months for divorce decree . both should have been staying separate for period of 1 year before applying for divorce
Separation period of 1 year is compulsory before filing for divorce. Best option for you would be to go for mutual consent divorce. Even though your marriage is not registered, you will have your marriage invitation card, videos, photographs, album etc.. to prove your marriage. MCD takes about 6 to 8 months for delivering of decree.
Divorce by mutual consent itself is the least time taking i.e 6 months to one year. But there need to be separation for one year before filing for MCD. registration of marriage is not necessary. Marriage photographs, invitation card will do.
Thanks..... i am right now in London for some project work. Can the process be initiated if I am still here or once i will back in India then only I can start...
Asked 10 years ago
1. If your spouse is willing to mutually end the marriage then both of you can jointly file for mutual divorce which will take around 6-8 months to culminate. It will not get faster than this.
2. You must be in possession of some photographs related to your marriage and also the marriage invitation card. These documents are sufficient to file for divorce.
i am right now in London for some project work. Can the process be initiated if I am still here or once i will back in India then only I can start.. If i hire a lawyer then the process can be initiated from here. paper work..documents?
Asked 10 years ago
1)you can in meantime prepare draft of petition for divorce by mutual consent . get it approved by your wife .
2) file the said petition when you come to india
Thanks Mr Sethi.... can you brief me what you mean by approval here? is that you mean signatures of my spouse on the petition?
Asked 10 years ago
send her draft of petition by email . let her approve the contents . signature on the petition has to be done before the family court
1. You can go for MCD provided you have completed more than one year of marriage,
2. You shall have to show that you are seperated from each other for one year,
3. If the above conditions are satisfied, file an MCD application with the marriage invitation card or marriage photographs & ID proofs,
4. It will take 6/7 months from the date of filing.
it does not take much time ,it is better once your are in india,then get it prepared and file it so that your are present for the first motion which normally courts insist
is it possible to get the Mutual Divorce at earliest from supreme court
Asked 10 years ago
Is it possible to get the mutual divorce at earliest from Supreme Court? I want to get cooling period waived off so is it possible to get cooling period waived off in such case?
Asked 10 years ago
Yes.after first motion ,you can make application for wavier off of cooling period in supreme court
While being in London you may engage an Indian lawyer and then sign the divorce petition once prepared by him. It has to be signed by your wife also. Once signed by both of you it can be filed in court when you arrive in India. This will obviate the delay.
You cannot move the Supreme Court. Mutual divorce has to be obtained from the trial court.
You need not move the SC, MCD can be got done in family court.
cooling period of 6 months is waived of only in exceptional cases by SC .