mutual divorce

Guest (Querist) 20 April 2011 This query is : Resolved
hi experts,
hope you all are doing well....i have a query, hope you will give your precious time to it. actually i wanna that a mutual divorce can be valid on affidavit or not??? and if not then what are requirement for it??

thanking you in advance!

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Adv B.B.Gambhir #9814820602 (Expert) 21 April 2011
No. divorce can not be valid on a affidavit except custom no allowed. as per section 13-B of Hindu Marriage Act, the divorce can be granted if both the husband and wife are living seprately from last one year and court of session or family court can grant the divorce

Arun Kumar Bhagat (Expert) 23 April 2011
One has to file application before the court under the Act in which the marriage was solemnized. If it is Hindu Marriage then Sec.13B of Hindu Marriage Act. If it is under Special Marriage Act then Sec.27 of the Special Marriage Act. In case of Muslim marriage the Kazi can grant khulla.