How Quickly Can i get a divorce in India by mutual consent?
I am an NRI and got married according to the Hindu Marriage Act. I live in the US and my wife lives in Dubai. It was a forced marriage from both our sides and we were never interested. We got married 2 months back but we have never lived together. My wife has no interest to come to the US and wants to continue to live in Dubai. She is willing to give me a divorce by mutual consent. How quickly can i get a divorce in India?
Divorce by mutual consent under section 13-B of the Hindu Marriage Act, 1955 is possible on certain conditions. The marriage should be at least one year old & the parties should be living one year separately from each other. After the first motion for such divorce a minimum of six months period is given after which the divorce gets finalize. This is the general condition & procedure. But there are High court judgments where this general rule has been forgone & divorce is allowed even with first year of marriage on certain conditions as provided under section 14 of the Act. In case your case is covered under those conditions & your counsel handles the issue properly you can obtain divorce immediately. This all depends how you handle this case with help of an experienced & expert divorce lawyer. But both your presence will be required here in India for this whole issue, without which this divorce won’t get finalize.