For mutual divorce first of all, these conditions need to be fulfilled which are given under Sec. 13B of the Hindu Marriage Act,1955
(i) First is that both spouses must live separately for at least one year.
(ii) Secondly,both spouses feel that they cannot live together.
(iii) Third is that both the husband and wife mutually agree that their marriage has collapsed
(iv) Lastly and a very important condition is that both parties agree to comply and file jointly for a mutual divorce without any undue influence, bribe or fraud.
Procedure for filing a mutual divorce Petition
Now, first of all these are the places which will have jurisdiction over your divorce petition or places you can say where you can file your case
- Court where the couple last lived
- Court where the couple’s marriage was solemnized
- The court in the area where the wife currently resides
One thing that should be kept in mind is that, the divorce petition must be filed jointly by the concerned parties, and the notice is served to the family court by both parties.This should also be signed by both the involved parties.
Once you have filed your petition, after there will be a court hearing and inspection, statements will be recorded, after that court will pass the first motion according to which the couple will have to wait for 6 months before they file a second motion. After filing the second motion, there will be a final hearing and then the divorce decree will be passed.
I hope your query is solved.