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Divorce Lawyer in Bangalore | Divorce Attorney in India

 Bengaluru, the Silicon Valley of India, is one of India's most progressive and developed cities, blessed with a benevolent climate and very nice surroundings. After Mumbai and Delhi, Bangalore will have the highest number of divorces after the mad surge of development, traffic congestion, and pollution levels. At this pace, it's not surprising that divorce rates are on the rise. These days stress levels are out of control and pushing people farther away from each other... some common reasons I have heard from my clients are inability to give time to each other, no sexual intimacy, communication problems, alcohol, and drug abuse, living in small apartments with in-laws (infrastructure challenges), lack of trust, infidelity, adultery, impotency, and sexual orientation.

It is now common for educated couples, after realizing that their marriage has no future and they are virtually carrying on an irretrievably broken down relationship without any hope of reconciliation, to approach the learned court to seek a divorce by their mutual consent.  

Here are the steps outlined one can refer to…

1.    Divorce by mutual consent has different procedures in India for different religions; Hindus are governed under the Hindu Marriage Act, 1955, Christians under the Indian Divorce Act-1869, and Parsis under The Parsi Marriage Act, 1872. & The Divorce Act-1936, the Dissolution of Marriage Act,1939, and the Muslim Women (Protection of Rights on Divorce) Act,1986, whereas NRIs or Foreign nationals, married to Indians are covered by the Special Marriage Act, 1954.

2.    The following are the rules for couples seeking a divorce by mutual consent:

a.    The husband and wife have mutually agreed to dissolve their marriage without influence or threat

b.   A petition for mutual consent should be filed in the jurisdiction where both husband and wife reside (proof of address is required to prove the jurisdiction).

c.    Husband and wife live separately for one year (i.e., in separate locations and different rooms, proof of address is required).



d.   In the case of mutual consent, a couple does not need to wait six months for a separation order, and the marriage can be legally ended in just a week as the Supreme Court on Tuesday 12th September 2017 held that the "cooling off" period is not mandatory and can be waived off.

e.    The divorce decree must be presented to the marriage sub-register office along with a form to cancel the marriage certificate after the divorce decree has been granted.



3.    In Bangalore, family courts can be found at H.Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka 560027, where divorce is filed. The court operates from 10:00 AM in the morning to 6:00 PM in the evening, Monday to Saturday.

4.   In this waiting period/cooling period of six months, either the spouse or either party can withdraw the petition. The courts come down heavily on parties withdrawing consent after filing if the intent is to extort money or draw revenge; in most instances, this does not occur and the process is completed. I want to draw attention to the opportunity here.

5.  During this cooling-off period, both husband and wife are required to appear before the court to confirm the mutual consent filed earlier. If there is no reconciliation during the cooling-off period, marriage counseling can be recommended at the mediation center of the same premises in Bangalore if none is successful, the final decree is passed and both are divorced.

6.  A divorce decree must be granted before the marriage registration can be canceled by the Marriage SubRegistrar. This completes the process.

It's very important to remember that during this 6-month waiting period, neither (Husband) boy nor (Wife) girl should entertain any second marriage option or engage in courtship, as this is a punishable offense and will result in complications.

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Location: Bengaluru, Karnataka, India

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