I want to give Divorce to my husband. It is mutural consent. I want file it without the help of any lawyers. Is it possible? If possible what is the procedures and what all the papers I have to prepare. Please help me. I stay in Bangalroe
2007-07-22 22:51:39 · 13 answers · asked by Jay 1 in Family & Relationships ➔ Marriage & Divorce
You say you want to do this of your own without any lawyers help but here it is only a lawyer who is going to guide you how to go about this whole process of divorce by mutual consent. First thing which you have to see under which Act your marriage was solemnized. In case you both are Hindus & married according to the Hindu Marriage Act,1956 then you both can apply for divorce by mutual consent under section 13-B of this Act. Now what are the things you have to take care in such petition for divorce by mutual consent :- firstly you can file any petition for divorce only after one year has passed for such a marriage, secondly you have to file a joint petition U/S13B of the Hindu Marriage Act,1955,it means you both have to sign it & verify it jointly, thirdly if you have any proof of your marriage e.g. marriage certificate etc you have to attach a true copy of such certificate with your petition,forthly you have to mention in your petition the status & place of residence of both the parties before the marriage & at the time of filling of this petition, fifthly you have to mention the period of your separation before filing of this petition which in any case should be more then one year, sixthly you have to mention that both of you agreed for this divorce by mutual consent & this mutual consent has not been taken by fraud or force or any undue influence, seventhly you have to mention that there is no collusion between the parties in filling such a petition, eighthly you have to mention that this court has jurisdiction to entertain this petition, ninthly that there is no unnecessary delay in filling this petion ,tenthly you have to mention there is no legal ground why this relief should not be granted, next you pray that this relief of divorce should be granted to you, both of you put your signatures, write a Para about verification of the petition & both of you sign this verification. Along with this joint petition you should even file affidavits singed by both of you & attested by the oath commissioner were you satisfy the facts mentioned in the petition as correct & best of your knowledge. You have to put necessary court fee stamp on this petition & even both your passport size latest photographs on the top of the petition, file this in the district court registry which will assign this petition to the designated family court of the district where both of you have to present on the first day of hearing. The family court judge will go through the petition & may ask you any question he/she likes regarding your marriage or married life, regarding you children, their custody & maintenance and alimony etc. You can even be asked incase you both are interested in any sort of family/matrimonial counseling during the period before this divorce is finally decided after six months statutory time period. Next a date for final hearing is fixed which can be any time after six months of filling of this petition but not beyond 18 months when again both of you appear & tell the family court your final decision if you both still want the divorce or reunite as husband & wife, if you tell that you still want divorce as there is no chance for any reconciliation the Family court will pass the order for divorce. This is the brief procedure one has to follow while taking divorce by mutual consent.
2007-07-23 01:01:17 · answer #1 · answered by vijay m Indian Lawyer 7 · 14⤊ 2⤋
1
2016-05-15 17:42:32 · answer #2 · answered by Kermit 3 · 0⤊ 0⤋
Mutual Consent Divorce
2016-09-29 04:46:55 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Mutual Divorce
2016-12-17 06:09:26 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Hey,
In reply to your question, I want to file mutual consent divorce myself without lawyers help. Can I? If I can How? procedures?, I can say you that take a look at this site http://inquirelawyers.com it might help you
As you asked; "I want to give Divorce to my husband. It is mutural consent. I want file it without the help of any lawyers. Is it possible? If possible what is the procedures and what all the papers I have to prepare. Please help me. I stay in Bangalroe" I hope it might help you.
Best of Luck :)
2014-11-01 13:35:35 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Yes, Its possible. But ideally its advicable to have a lawyer since should things backfire - he/she would be the best person to bail you out. For more details on the formalities go to www.saveindianfamily.org; www.498a.org and call the B'lore help lines.
A word of caution: Now that you are on a path to Divorce do not trust your would-be-ex, she could at any point file a Dowery Harassment / Domestic Violence cases on you. So cover/protect yourself and your family in these aspects by taking the necessary actions/precautions.
2007-07-23 04:15:40 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Once you have decided to fell apart, going by legal is always better. Eventhough it is mutual, go legally. If you want to do without lawyers, you can move to court directly or contact any of the women protection centre.
When you say mutual it is good to go by lawyers. Matter will be over within days as it is mutual.
2007-07-22 23:48:52 · answer #7 · answered by Shinoj Kumar 3 · 1⤊ 0⤋
For the best answers, search on this site https://shorturl.im/ax1vE
Yes you can try for Divorce by Mutual Consent now itself under section 13-B of the Hindu Marriage Act,1955 if you marriage is a Hindu Marriage & along with this petition move an Application under section 14 of this Act praying that this main petition for divorce may be heard & decided as this case is one of exceptional hardship & depravity for both of you considering the facts & circumstance of the case, the District court may allow you divorce by mutual consent petition & grant you decree of divorce. Now how your learned lawyer handles this matter in the court with help of various High Court judgments relating to such issue has to be seen. Now don’t expect me to pass on those High Court judgments free of cost to you, after all what for you will be paying your lawyer!
2016-04-10 04:27:53 · answer #8 · answered by Sandra 4 · 0⤊ 0⤋
Some states actually give classes for free to teach you how. There are also divorce kits (at like Office Depot). When you think you have everything you need and go to file, have the poeple at the courthouse look over it and tell you if there is something missing. They are alot nicer than judges. You will still have to appear in court but it's pretty harmelss. I messed up part of mine but the judge just crossed it ou and wrote the correct part over it and it was done. I spent all of about 19 minutes in court. Good luck.
2007-07-22 22:59:25 · answer #9 · answered by spillin paint 3 · 2⤊ 0⤋
You essentially need one to give you counsel to safeguard your interest, as much as he would need another one. Since you are a female, you are entitled to free legal help and even expenses if you are unable to afford these. This is quite a serious matter, and you do not appear to be really serious, as what you say amounts to saying that you do not know how to drive a car, and do not want to use the services of a driver. Find out from the District Courts at Bangalore, or State Women Commission where you can get it - it is supposed to be from State Legal Service Authority. If you still have problem, log on to the Karnataka High Court site to get the precise details. Still not able, come back on this channel.
2007-07-23 00:36:51 · answer #10 · answered by Anonymous · 1⤊ 0⤋
I want to file mutual consent divorce with my husband without any hassle. How is it possible. Lemme know ??
2015-10-06 17:14:06 · answer #11 · answered by megha_sep2002 1 · 0⤊ 0⤋