how to get divorce without waiting in india according to hindu act?

Question

i was married in 2002 and separted in 2003 with filing a notary in lawyer office which stated that i and my husband from today willing stay saperatley, now in 2007 i came to no that it was notary and does not have any value according ot act of marriage also i came to know that i mean time husband has filed petition against me for divorce in 2005 feb but due to some reasons i was not availble hence could be present in court, now i have to go aboard for my career and wants to settled down this matter before august 2007, FACT:
1) We both are satying separatly since 2003.
2)we both are willing for divorce
3)I dont have time to wait for 6 months.
4)the petition filed against me hence will not be favourable for me hence cannot convert that into divorce.

Answer 1

Problem with you guys is that you think that any thing signed before a notary public becomes legal & enforceable document in law, here what you thought that such agreement to live separately became a decree of divorce & you are free with this agreement. It’s not your fault only but in my profession many idiots are sitting misguiding the innocent people. Now you have come here & found me who is going to guide you correctly. Now what you do as you both are interested in going for divorce by mutual consent approach the family court were your husband has filled the divorce petition & firstly let him withdraw that petition & then both of you fill joint petition for divorce by mutual consent under section13-B of the Hindu Marriage Act,1955, also mention in that petition the full facts about your separate staying for such a long period of time & that there is no chance of any compromise between you two to live together any more. You also mention that since you have to go out of country for employment it won't be able for you to appear in person on the next date of final hearing fixed by the Hon'ble Family court any time after six months as the said time period is compulsorily provided in the provision of section 13-B of the HMA,& you should be allowed to be represent by your advocate on your behalf on the said date & you have no intentions what so ever to withdraw/revoke your consent for such divorce any time in future. Also file an application under section 151 of the civil procedure code regarding this request along with your individual affidavit attached therewith. On the basis of the special circumstances the family court will allow the withdrawal of the divorce petition filled by your husband & will admit your joint application for divorce by mutual consent & exempt you from personal presence & represented by you advocate named in your application for the next date of hearing after six months when a final order for divorce will be announced in presence of your advocate. The family courts are bound by the civil procedure codes & section 151 of the said code gives them wide inherent powers to pass any order in the interest of justice, so shall be in your case too. The certified copy of the decree of divorce you can get through your advocate & use it as you wish in future.

Answer 2

As per Indian law if you both are willing for divorce, than there is no any problem to go separate each other. you should file your case in any lower court through a layer who would help you and defend your case. And there is no any chapter to worry about your carrier you can still give attention towards that and the case will be defend by your advocate on yours behalf. However you have not mentioned that from which city or place in India you belongs or your husband belongs.
But in the end I want to encourage you not to worry about it and get divorce easily as this is not so difficult if your husband is also in willing

Answer 3

Dear sir
I did marriage one year Back one village Girls she completed degree both are Hindu same caste. The marriage gas been done by arranged both parties. I am working in Gulf country. After marriage the next day she told me When I was studying college I made love with my relative boy. Both are ready to escape from their house before marriage but unfortunately can't. Also the girl's mother said to Girl I don't have any money for your marriage I marry and make problem with your husband then come out their house they can't do anything they will give money after you get marry with your lover. Same thing happen the Girl asked me divorce, I agreed after one month we will apply in family court mutually. Then I came to Gulf, after She talk with lover very sexually and what they did mistake while before marriage. (The boy asked girl how your husband did sexual life same as me), but myself and my wife not involved any sexual fact.
My heart is not agreed, also the boy told now your husband is out of country We will involve sexual game I am ready to come your home. She is agreed but not today after some time. The boy said with whome you make baby. My wife said you are in my heart so I am get baby you only not my husband. The above all matters are I recorded my Cell phone the I asked why like this two life to you. She understood the recorded everything no more can't stay this family next day gone back to their mother house. I came after one month we did village punchatt (meeting), the girl said I can't live with my husband I need to go my Lover. We arranged one Notary Puplic Lawer got sign the Girl with parents and some witness. But some people not allowed to marry the Girl and her lover because Notary puplic is valuable you ask settlement then get marry. It means they planned before my marriage. I given20,000 Indian rupees. Eventhough they made block mail with me. How I can get Divorce and release this subject. Please advice me.

Thanks & Regards

Answer 4

"not be favourable for me" - Y r you not getting any monetery benifits - don't be like a prostitute seeking fees for your body!!

Better to pick on the same old petition that you ex-filed and go mutual, get the hearing pre-pond and get over with it - the only way you could finish it by Aug'07.

Else you are talking of - 8-9 years of legal battle, with lots of bad blood on either side, destroying both of your careers and future!! - Courtesy the Curropt and UnEthical Lawyers and Judges who are all out for your blood money and not your lives and future.

You cannot have both the cake as well as keep it!!

Answer 5

Well, To add in your question, I am wondering to know if Indian marriages ( most of them) are not even registered than why the hell one should go for a court decree. It MUST be on a mutual consent and to be done in the presence of two witnesses in front of a Notary Public on a non judicial stamp paper. Am I not Right?

Answer 6

The marital settlement agreement (MSA) is your key to avoiding lawyers and the legal system, but that's not all --it has many other important advantages. Your MSA actually becomes your Judgment. It is either attached to and incorporated in the Judgment or the Judgment will be written to include all the terms of your agreement.

With a good MSA you get total control over your Judgment because you decide all the terms ahead of time. Without an agreement, you can't be sure exactly what some judge might do. The MSA has far more depth, detail, flexibility and protection than a plain Judgment. Almost anything that's on your mind or in your lives can be included and resolved any way you like.

Some states have simplified procedures that allow you to get your divorce without going to court --if you have an agreement. Without an agreement, you almost certainly will have to go to a hearing to get your Judgment.

What's most important is that you get a better divorce outcome when you work out an agreement. And with an agreement, people tend to heal faster and it just plain feels better.

The agreement you are about to negotiate is very valuable and worth working very hard to get. If you work it out with your spouse outside the system, you beat the system!

Answer 7

i married 1.6 Year and want Divorce his wife because, my wife is loved our village boy (Low Caste) when 14 year old and continue 19 Year (Married) and connected till date on Phone. and last time i know that she was in love 5 year with his boy friend.
when i know about connection then i stop her but not stop and say she suited here.
that is why - i am not want live her.

pls suggest me that what process of TALQ. and help us

Kindly do the needful. it just for your kind information

HIRA
8010054938
E-mail- [e-mail]

Answer 8

Hire a good family law attorney and he will get you permission from a Judge to go abroad and carry on with your career..... only after you have signed your rights to the attorney.

Good Luck.

Answer 9

According to Indian marriages act a couple cannot get divorce if their marriage is less than a year old. They have to wait for a year, And after that if they still want the divorce the court will grant divorce with mutual consent from the couple.

Answer 10

seek a lawyer who handle divorce cases.sorry i am an indian but not from india.