Divorce by Mutual Consent in Half an Hour? Hindu Customary Divorce Deed- If you do not need DECREE of Court

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Divorce under Hindu Customary Law, by mutual consent is possible in less than half hour.

You have to wait in Court for 6 Months only if you need Decree of Court for going abroad or for some such legal purpose.

Caveat: This Article or any articles on blog are not legal advices. Take legal advice of lawyer before acting on this academic purpose article.

GENERAL : Hindu Law recognizes custom law. If it is customary in some sects to divorce by mutual consent then such divorce is recognized as valid.

HOW LAWYERS DRAW A DIVORCE DEED?

1) Forms of such deeds are available in Book of Deeds.

2) The deed is usually made on Non Judicial Stamp Paper of Rs.500/-

3) It gives history of marriage.

4) Then says that it is custom in their caste for such divorce by mutual consent.

5) Then it says that parties are taking divorce as per custom.

6) Then terms of divorce are narrated.

7) Parties sign before Notary Advocate or before oath commissioner.

8) The deed says that both parties are now from this moment free to remarry.

9) Details of property or money settlement also mentioned if needed.

10) As soon as deed is signed by parties, witnesses, oath commissioner, the procedure is over.

SINCE BOTH parties are agreeable, no one may challenge deed.

But if dispute raises at later date, this deed can be challenged on some grounds in court.

Foreign Countries may also refuse to recognize such deed.

Then the only way is to apply to Court, wait for six month and then get a Decree of Court.

Please consult your lawyer first.

Haresh Raichura
21/9/2012

PS. Some advocates have different views. They advice that even after such a deed, Court’s approval is required or desirable. As I said above, go by the advice of your own advocate who will examine your case and will give you advice.

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