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Indian Law/Reg: Divorce by Mutual consent



My marriage was done on 12-06-11 and my wife lived with me only for 6 months.Since 1st JAN'12 she is staying with her home itself without any connection with me.The main thing is she got Hypo Thyroid as extream level and affected mental depression 2 months back now. Meanwhile, the doctor says thyroid problem may be affected 2-3 years back but her parents couldnt identified.i found the same on December'2011 and informed her parents, but they didnt accept.Her father is a business men and he is opposing me on every moments without any particular reason and not ready to send her to my home. I arranged lot of meetings for getting their issues and solve it out. but he never change his decision and informed me that he wont to continue my relation and ready for divorce.
I am ready for divorce if she wont me,but i didnt get any confirmation from her side individually.Few public leaders have take up the issue and discussed with them but her father is not willing.
Anyway i am ready for living together if she want me. but I have only fears that if she get her mental depression again then how can i manage without her parents support.
So i can move on mutual divorce if she / her parents wont to continue with my relation.

I would like to know that how can we get divorce if we produce a petition as mutual divorce.
How long will take for getting court confirmation?
Any questioning will happen in front of her in court?
Any possibility to move for a counselling ?

All efforts should be made to settle your divorces with your wife,failing which the following proceduire has to be followed to get the mutual divorce:
A joint petition for mutual divorce supported by affidavits and annexures sworn by both the spouses has to be filed in the district court having jurisdiction over the matter. However, prior to that they have to live apart for at least a year. This is known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both the parties to the Petition that due to their irreconcilable differences, they no longer stay together and should be granted a divorce by the court. After six months thereafter, they have to file another petition known as Second Motion Petition for Mutual Consent Divorce and they have to reappear in the court to confirm their earlier motion. This gap of six months is given between the two motions, so as to offer them an opportunity to reconsider their decision. After the expiry of such period, if after filing of the second motion the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, he may grant a mutual divorce decree. However, if the divorce petition is withdrawn within the stipulated 18 months from the date of filing of the first petition, the court will not pass a divorce decree.Time likely to be taken to get the court's order for a mutual divorce could not be predicted in advance because it varies from case to case.
However, you may consult a lawyer to get further details on the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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