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plz explain procedure for delhi.

2007-02-04 20:15:05 · 3 answers · asked by abc 1 in Family & Relationships Marriage & Divorce

3 answers

As you have mentioned you are from Delhi & I hope you two are Hindus & married under the Hindu Marriage Act, 1955 according to Hindu form of marriage. You both have to apply jointly for divorce under sec 13B of the said Act. Please read these relevant sections of the said Act: - 13B. Divorce by mutual consent
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]

14. No petition for divorce to be presented within one year of marriage
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 1[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after 1[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the 1[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].

As mentioned in these two sections you can fill for divorce if you are married for at least one year & you are both living separately for at least one year. After expiry of 18 months of this petition the court will grant you decree of divorce. This is the legal procedure in case of Hindus married under the Hindu Marriage Act, 1955 only.

2007-02-05 00:42:45 · answer #1 · answered by vijay m Indian Lawyer 7 · 0 0

if both of you have agreed for the divorce where is the problem?consult a good lawyer who will guide you on the same, all the best

2007-02-04 20:23:01 · answer #2 · answered by stanley 2 · 0 0

If she has replace her ideas and choose to artwork in the marriage, in case you choose to additionally supply it yet another probability, achieve this and notice if it extremely is going to artwork out for the two certainly one of u.. in case you choose the papers sign seek advice from her one on one and tell her you're arranged and actual waiting to sign the papers..

2016-12-13 09:08:47 · answer #3 · answered by anirudh 4 · 0 0

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