Mutual divorce
Deepak
(Querist) 08 April 2012
This query is : Resolved
What is the procedure to get the divorce mutually?
Deepak
(Querist) 08 April 2012
You need to move a petition u/s 13 B. After 6 months you have to file the second motion.
Advocate M.Bhadra
(Expert) 09 April 2012
If the marriage is concerned under Hindu Marriage Act then file a suit u/sec.13b of the H.M.Act for divorce on mutual consent by a joint petition in Family or District Court.On the other hand the marriage is concerned under Special Marriage Act then file a suit for divorce on mutual consent u/sec.28 of the Spl.Marriage.Act.
Shonee Kapoor
(Expert) 09 April 2012
The process has been explained many a times, as of now 6 months period is compulsory.
Dig archives of LCI for further understanding.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 09 April 2012
Section 13B in The Hindu Marriage Act, 1955
13B. Divorce by mutual consent.
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.]
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