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mutual divorce

(Querist) 28 July 2008 This query is : Resolved 
what is the procedure for getting mutual divorce
arunprakaash.m. (Expert) 28 July 2008
You can file petition to dist court or family court for declaring divorce by mutual consent under section 13B of hindu marriage act.
Ambika.S (Expert) 28 July 2008
parties to the marriage has consented to come out of the marriage is Divorce by mutual consent.

The marriage should be solomenised under cutomary act or under the special marriage act. Then the said marriage is a valid marriage according to law. If the parties i.e. husband and wife intends to come out of the marital tie then by filing necessary application either to Family Court [ if a separate court is constituted in particular area] or to the jurisdictional Senior Division Court get a Decree of Divorce by mutual consent.

No Indian Court entertains Divorce petition within a year of marriage except by special leave by the Court in which the parties file the suit for Divorce.

After the application are filed for the Decree of Divorce by mutual consent. A six month period is given for the applicants to reconcile. After the expiry of six month period the applicants will be called upon for reconciliation by Court and when Court comes to conclusion that the re-concilliation efforts made by the Court is failure, the applicants are called upon to give evidence before the Court for consenting Divorce. On the conclusion the Court grants Decree of Divorce by mutual consent.
RAKHI BUDHIRAJA ADVOCATE (Expert) 28 July 2008
u can file a joint petition u/s 13 B of HMA for divorce.
There are two motions under this particular provision. Ist motion would be clear on very next hearing after filing the same & thereafter u can file the petition of IInd motion alongwith the application for waiver of six months statutory period & the same would also be over on the next date of hearing.
For more information u can contact the expert on:
rakhibudhiraja@gmail.com
Mb. 9871158578
SANJAY DIXIT (Expert) 28 July 2008
Dear Anil,
Under which law you want to get the procedure? I mean Hindu, Christian....
Sarvesh Kumar Sharma Advocate (Expert) 29 July 2008
best u go to ragistrar office and registerd the mutul divorce paper with both of concent.
Murali Krishna (Expert) 29 July 2008
I agree with Ambica and Rakhee.

However, my question is without following the procedure under HMA, can't the parties go to 'lok adalat' and file consent petition for divorce. This is being happenning.
kumar sachin (Expert) 30 July 2008
a joint petition u/s 13B, duly affidivated by both the parties, should be filed before the family court. the parties should b physically present before the court for query by the court.
K.C.Suresh (Expert) 30 July 2008
Ambika has given a clear picture supported by Rakhi. I hope Anil is happy with a mutual divorce.


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