hello right now i am living in uk and my husband is in india. we want divorce with mutual consent, however our

Question

we got married in the year feb 2007, but we live seprate from the month of march. our marriage is not actually consumated.
wether we can get divorce by mutual consent as i shall have to come india and otherthing is that my husband has go US in this month. thats why we want to take divorce in january 2008. Is it possible?

Answer 1

Nothing is impossible! As stated & what I can presume in your case, you both are Indian Hindus & married according to Hindu form of Marriage in India. Now since one year of marriage has not passed in your case, you cannot dissolve such marriage by petition of divorce within one year of such marriage as per the general requirement of the section 14 of the Hindu Marriage Act, 1955. However in case there exist ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, the family court can grant leave to present the petition for divorce. As the facts your case, you stay in UK & your husband has to go to US for job etc in this month of January, these facts are quite genuine & the family court can allow such petition for divorce on mutual consent to be presented & decided immediately as your both traveling to India for this petition during future hearings will be a case of exceptional hardship & financial loss. Usually a petition of divorce by mutual consent can be filled only if both the parties have been staying separately for a period of one year or more & it is decided only after six months from the date of its presentation in the court, but there exist a judgment of Delhi High Court wherein in as similar case as yours the Hon'ble court granted divorce by mutual consent to the parties within one year of such marriage on the ground of exceptional hardship & exceptional depravity. Considering this landmark judgement, you can seek divorce by mutual consent from the family court of the district/state in India where you got married or where your husband resides. The presence of both of you is required at the time of filling & its hearing of such divorce petition, although you can engage services of lawyer for this to help in drafting & presenting this petition in the family court. In case your marriage was preformed in Delhi NCR or your husband lives here or you have a place of residence here, you can contact me for further details & proceedings regarding this case. [e-mail]

Answer 2

1. Why did you get married at the first place?

2. Marriage means adjustments from both sides.

3. If the different places are only the bone of contention then once more you can think.

4. If one person bows down & the first to bow down is really a intelligent & mature person.

5. In which proffession are you both into?

6. I know its a very fast world & new generation like ours thinks different but still we shouldn't forget our values.

Answer 3

divorce available only in country u married.

Answer 4

You need a laywer.