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Thread: What's the procedure to get divorce by mutual consent in India?

  1. #21
    New member
    Join Date
    Dec 2010

    I don't want divorce ?

    Please advice me.

    There are no problem me and my wife till now.
    I am 27 year old guy and I have faced some heart-related issue.
    But after resolving it I had married with my love because this was my commitment which is given to her 4 year ago.

    So we both get married in arya-samaj and then registered in court as well.
    Our plan was to make understand our parents because of inter-cast after getting marriage without telling. Our plan to tell our friendly-relationship to our family not about marriage for mutually understanding to talk to each other for further Process.

    But as her parents knew our relationship they stopped to talk her to me then No contact at all.

    And then after sometimes she told me on phone under pressure for getting all documents about marriage and our relationship to destroy.

    She was under pressure and said me to sacrifice our true Love and marriage for her family only. And all her talk regarding their parents and apologizes for many thing and not able to think for future perspectives. Now her parents need divorce due to intercaste as they said.

    While we are in-relation since last 4 year. Now I am able to take her responsibility and doctors said me their are no problem now to live life long.

    Her parent want to prove our marriage as fraud. But this is not true. we both have take this initiative to live together after understanding their thoughts. We hide this truth for sometimes that we are coupled because we both wanted to live together.

    Thats why I arranged all marriage stuff according her convince near her city.

    Our conclusion was right about their thought. But my wife is not with me so under-pressure She can give wrong statement because they realize her to feel guilt.

    But in this case all of our friend now with me because they know everything well !!

    What I should do Now????????????

    Please consider the fact she help me lot in my hard time when she was in my city but she can give wrong statement because all negative thoughts are given in her mind and she has no hope to live together. I don't want leave her because I know she like me lot and I am not wrong and I am not able to tell lie for future perspective that I was married.

    Is there any law or way i can make (in a way force my wife to stay with me so tht rather than being a dumbo she understands the importance and the difference living into relation ship and breaking it up(she is a little dumb and mostly or rather only listen to her parents). Because i know as she came with me Everything will be good for us.

    Please advice me quickly.
    Last edited by Arun12; 12-16-2010 at 11:48 AM.

  2. #22
    my wife does not want to meet my parents, have any kind of contact with them or talk to to them...otherwise there r no issues...plz suggest something to avoid going for a divorce..

  3. #23


    I got married in Feb 11. I am staying at my mother's place from April 2011. My husband wants divorce as he was married to me due to family pressure. I want to know about the compensation in the case of divorce on mutual ground. Is it compulsory that he has to give me compensation? If he files the divorce, will I get the compensation?

  4. #24
    Senior Member
    Join Date
    Oct 2011
    Getting a divorce with mutual consent is actually advantageous; a divorce by mutual consent saves money, energy and time as well. Divorce by mutual consent is headed under section 13B of Hindu marriage act, the marital life must be a minimum period of one year and the couples must be staying separately each other, 6 months’ time will be allotted for the couples to finalize or cancel their divorce.

  5. #25
    Senior Member
    Join Date
    Oct 2011
    Although divorce is on mutual understanding and appealing it has to go through the order of court. Firstly you need to file a case in court for the divorce on mutual agree. Then your case will be scheduled for a day on which judge will enquire about divorce and why you seek it. If he feels your case is genuine and there is no force on each other then you can get divorce within six months. But if there is any problem then the case might extend for even more than two years.

  6. #26
    Senior Member
    Join Date
    Oct 2011
    Time drastically changed from when India boasted of having the least divorce rates across world. Different religions have different laws, but Hindu Marriage Act is discussed here:
    • As per Hindu Marriage Act 1955, both spouses mutually agree for “no-fault divorce”
    • This comes under the Hindu MA 1955 Section 13B
    • They can say before court that it is due to clashing differences that they filed this
    • After 6 months, Mutual Consent Divorce Second Motion Petition is filed
    • As per the law, husband and his wife needs to have separately lived min for one year
    • Child custody, if they have, wife alimony, etc is sorted out

    Today, astrologers have more business as Indian divorce numbers are doubling or tripling in India. That in turn means more wedding and thus more cash for astrologers. As per one leading website, "There's been a 100% increase in divorce rates in the past five years alone." Modern workplace fuelled this. Thus, many gets divorce by mutual consent in India.

  7. #27
    Senior Member
    Join Date
    Oct 2011
    It is a divorce policy that comes under Section 13B of Hindu Marriage Act. This policy was build to enable the divorce to take into a smooth process. Here in this mutual divorce process you are allowed to settle with your spouse by dissolving all conflicts for a final agreement for separation. Here in this process of divorce you need to have joint agreement with your partner that why you both want to settle for separation. Even the matter of child custody has to be dissolved before settling to bow out of the marital life.

  8. #28
    New Member
    Join Date
    May 2012

    Filing Divorce from a Disable


    I need advice for one of my friend who wants to file the divorce.After living 4 months together he and his wife are living seprate from last 7 months.Both of them have physical disability too which were known before marriage by the both parties.Now my question is what is the procedure of filing divorce from boy side who is a disable and also not have very good earnings?Will he have to give compensation to his wife in spite of his disability?Can he send some court notice to his wife as there were no strong and clear reason for her stay at mothers home?Thanks for your time.

  9. #29
    Senior Member
    Join Date
    Oct 2011

    For filing a divorce notice you should consult a good lawyer first... Also you should be having some strong reason for leaving her and also she should also agree for the divorce, if both agreed then it will be easily given..

  10. #30

    need advice on mutual divorce


    we got married 2 years back. no child. after getting married we always having quarrels every time so that my wife is now close to another person(not physically, i hope so). i ve seen so many unbearable messages on her phone. and after knowing that i m not able to have a good sexual life wit her from 4 months. and i often say some lies to her in different situations but im not having any illegal relations. so we both dont want be together. i didnt get any dowry and now she is having a job and i dont. so we want divorce as early as possible. for that what to do?

  11. #31
    Senior Member
    Join Date
    Sep 2011
    Hi Bharath,

    I would like to advise you that think twice or thrice before you take further step. Please sit back and take a wise decision. Speak to your wife and sort out the problems. If you still wanna take divorce, then i would suggest you to consult an experienced lawyer who can help you with different ways to get an divorce.

  12. #32

    I need your advice.

    One of my friend is facing a problem at Personal front.
    He got married 2.5 yrs back.There were regular problems in the family because of her( She got angry.. screems like anything,, yell lodly), but the Boy's family was talking it like,,adjustment problem..and will be resolved in due course of action. and tried to talked to her...but nothing was working.

    Meanwhile the Girl got pregnant in 6 months of their marriage. Aafter 11 months of his marriage(i.e. 5 months of pragnency), his In laws (girls Parents) disclosed that she is suffering from a mental problem sine long. His in laws have stopped her medications a month before thei marriage. ans asked the girl also not to disclose the same to the Boy's family.
    At that point of time abortion was also not possible.
    Her family intentially does that so that the Boy's family has no other option but to live with her only.

    now the couple's daughter is 1.2 yrs old. but the boy is not at all satisfied with his wife. As she creats a scean for everything. The boy is very quiet and calm. He is very Nice in behaviour and manners.
    The girl is a BDS.(dental surgon).

    Boy is totally fed up all this. ans seeks divorce..
    Please advice how to go about it.

  13. #33


    i am separated from my husband from one year,i wanted divorce from him without any problem as fast as it could be..
    i dont want any mentanions from him....
    is their any simple way of divorc as qucikly as possible.

  14. #34
    Senior Member
    Join Date
    Nov 2011
    Hi Priyanka,

    As far as the Indian Law is concerned, you have to wait for the minimum period of 6 months after applying for divorce. For further information, consult your legal advisor, and they will guide on what has to be done. As you told that, you are living separately, the court may consider this reason into account.

    This separation period of one year will get you the divorce easily.

  15. #35
    New Member
    Join Date
    Mar 2013

    Divorce in USA - validity in India

    [QUOTE=saurabhwebxprt;70743]U hav to apply to court with suitable reason.

    Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce you should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years. The long distressing process of divorce will be easier for you to handle if you have a firm determination to get the divorce.

    Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.

    Divorce procedure in India is based on the following acts.

    * The Hindu Marriage Act, 1955
    * The Parsi Marriage and Divorce Act, 1936
    * The dissolution of Muslim Marriage act, 1939
    * The Parsi Marriage and Divorce Act, 1936
    * The Special Marriage Act, 1956
    * The Foreign Marriage Act, 1969

    With the advancement of time and social awareness, several acts have been passed by the government to make the present day divorce procedure in India more progressive with respect to gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For inter caste and inter- religion marriages the divorce laws are approved under The Special Marriage Act, 1956.

    A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different Indian religions.

    For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.

    Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.

    The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.

    A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.[/QUOTE]

    Both, me and my husband are permanent residents of the USA, holding a valid green card. We got married 3 years back in India and have been residing in the USA after marriage. Due to differences between our families, that have eventually led to differences among the two of us, I would like to seek divorce from my husband. I am not expecting any maintenance or alimony and we don't have any kids.

    If we were to get divorced in USA, would it be recognized in India as well, as per the Hindu Marriage Act? Or, do we need to get divorced in India since we got married in India? Please let me know any pros and cons of getting a divorce in USA vs. India.

    Thank you.

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