Divorce is Invalid if you under take it with a non-judicial stamp paper. A court can only grant a decree of divorce in a Hindu marriage.
If you take divorce via a stamp paper, the divorce will not be valid and you two will still be wife and husband.
The fastest way to get divorce is to file a petition for mutual divorce under section 13B of the Hindu Marriage Act.
Conditions for mutual divorce are under Section 13B of the Hindu Marriage Act, 1955 are:
– The husband and wife have been living separately for a period of one year or more
– You two are not able to live together
– You two have mutually agreed that the marriage should be dissolved
File a divorce petition jointly in the district court, where the marriage was solemnised or where you last lived as a couple or where the wife lives currently.
After the first hearing the 2nd motion will be at least after a period of 6 months which is given as a cooling-off period. You can try and get back or at least settle the disputes like custody, maintenance or alimony
Then in the 2nd motion the decree of divorce is given.
However if she doesn’t want a divorce then you will have to contest for it.
Send a legal notice for divorce and file for divorce under Section 13 of the Hindu Marriage Act.
Reference: Section 13, 13B of the Hindu Marriage Act, 1955