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Divorce By Mutual Consent
 Sucharitha asks,
My brother works here in the US and he got married to my sis-in-law in March 07. She is a student in US. Due to cultural differences and family problems, both of them have decided to separate by mutual consent. My sis-in-law has tortured my family mentally including my brother too. Since their marriage was performed in Bombay and was registered there, if they want a divorce, can my brother file case in Hyderabad cause we are from Hyderabad, and how much time will it take for him to obtain a divorce under mutual consent and what is the procedure? Do they need to be present physically for their divorce?
 Dear Sucharitha,
As per the limited facts narrated by you, the divorce proceedings have to be filed in appropriate jurisdiction of the Family/District Court. The jurisdiction for filing purpose covers the place of marriage, or where the husband and wife last resided together, or where the wife is residing or employed after separation from her husband. As regards the time frame for seeking divorce by mutual consent, one year of separation is necessary and after the presentation of the petition there is a mandate of six months period, which is mandatory before the final hearing of the case. You may consult an expert Divorce lawyer regards to your further complainces, if necessary.
Marriage Compliances
Sumitha asks,
My boy friend is in USA right now and will be coming to India for a week in March last week and we want to do civil marriage in that time. I have got to know that while filing for civil marriage one-month prior to marriage date both boy and girl should be present. Could you please tell me - is it mandatory? Can’t I alone initiate the process alone so that when he comes we both just have to go and sign the register on date of marriage?
Dear Sumitha,
Kindly note that there are procedural legal compliances required, which are mandatory for initiating the civil marriage before the office of marriage registrar. Before a marriage can actually be solemnized, the bride and bridegroom are individually required to file a declaration at the office of marriage registrar.
The civil marriage will have to be registered under the Special Marriage Act, 1954. To get the marriage registered in India under the provisions of Special Marriage Act 1954 by following a systematic procedure as laid down by law.
The Special Marriage Act, 1954 requires certain preliminaries to the solemnization of marriage. It should be kept in view that marriages under the Act are essentially civil marriages, and the Act provides for civil formalities.
Legal Separation
Sunil asks,
I am an Indian citizen presently residing in Fiji on employment since past 2 years. I came with my wife and child to Fiji but my wife did not like this place and decided to go back to India. Since past 18 months we are living separately. She has no intention to return. On what grounds can I seek divorce from her? Where should I file for divorce? Even she wants a divorce from me. How effective is judicial separation? Do I need to be personally present for all the hearings? This was second marriage for both and the child is from her first marriage. We had no children.
Dear Sunil,
Since both of you have decided to separate legally, you may file appropriate proceedings at the jurisdiction of the place where your marriage was solemnized in India. You may invoke the legal proceedings by filing a joint petition by mutual consent. Since you are out of India, in that case you may appoint a constituted attorney to file the proceedings on your behalf at the appropriate forum. Kindly note that both of you will have remain present before the Honourable Court at the time of final hearing. You may consult an expert divorce lawyer with regards to your further compliances. Hope this suffices your query in brief.
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