How do we get divorce by mutual consent?
The husband & wife have to file two separate petitions enclosed with the consent documents. Either the parties approach family court on personal capacity or get their lawyers to do the job for them.
If any of the spouses is not ready for divorce then what is the remedy for the other spouse?
If one of the spouse is not agreeing to divorce then other spouse can plead to family court for divorce on the grounds of cruelty, abandonment thereby presenting the supportive evidence, documents as prescribed by the family court lawyer
Is there any fast way to obtain a divorce in India?
Only fastest way is to file a mutually consented divorce. Earlier there was a cooling period of 6 months granted by the court from the time of filing of divorce petition now as per the recent judgements given by the supreme court the cooling period can be done away with for granting divorce with immediate effect if the court is convinced of the explosive situation between husband & wife
How long would it take to get a marriage dissolved in India?
In mutually consented divorce cases the husband & the wife are required to live separately for at least 6 months from the time of filing of divorce plea. After six months the court conducts a hearing on any particular date, on the hearing date both parties need to present themselves if any party backs out then the petition is straightaway quashed. If a still couple wants to get separated then the court passes the divorce judgement.
In a normal divorce case the factors that come into play are charges levelled on each other, alimony or dowry demands etc, ofcourse all these charges are to be supported by related evidence, documents to substantiate the claim
When should a spouse file a divorce petition?
Any or both spouses can file a divorce petition after a year of marriage has been passed on the grounds as stated in Hindu Marriage Act. The court can dissolve the married relationship within one year of marriage as an exception.