Divorce

Originally posted by : My Life My Choice
	I and my wife both want to take divorce but we don't want things to get mess up so we have decided to go with out of court settlement option. I am from Mumbai Maharashtra. Please guide us to get divorce as soon as possible.

@ My Life My Choice,

Which religion do you profess and under which personal laws your marriage govern is a matter to be perused before forming an opinion ?

Therefore it is advisable to seek professional services of a local prudent lawyer for necessary guidance and proceeding for a mutual consent divorce.

You can opt for mutual divorce, out of court settlement is not termed as legal divorce. Only Family court can award divorce decree.

The divorce needs to be based on a decree from the Court. It could be based on mutual consent, as provided under Section 13B of the Hindu Marriage Act.

 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 solemnised 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 they 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised 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]

Originally posted by : My Life My Choice
	I and my wife both want to take divorce but we don't want things to get mess up so we have decided to go with out of court settlement option. I am from Mumbai Maharashtra. Please guide us to get divorce as soon as possible.

@ My Life My Choice,

Settle and record terms and conditions of compromise deed, get it notary attested and file the same with petition under Section 13 B of the Hindu Marriage Act, 1955 through a local prudent lawyer.

Both of you may opt to engage separate lawyers to assist the Court properly.