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Mutual divorce

Hi ,

  1. Could some one explain the procedure and various steps/stages inMutual Consent Divorce.?
  2. Can we file mutual divorce petition with the with out her presence by taking her signatures on the petition, as she is embarassed/scared to face the things?
  3. What's the time period to grant divorce on mutual consent?
  4. What's the procdure for her to withdraw 498 case as she is willing for mutual consent divorce?


 10 Replies

Sanjeev (Lawyer)     02 December 2011

A joint petition for Mutual consent divorce need to be filed. Both husband and wife need to be personally present for filing the petition not permitted to take signatures and file without her. It generrally requires 6 months minimum as divorce would be granted on second motion.

raj malhotra (M.D)     02 December 2011

1.first motion:u and ur wife has to go to court and file joint petition for mutual consent divorce(mcd)....court after accepting it will give a date for second motion which will be six months later from the date of this first motion...

pls note:-mcd can only be filed if the marriage is atleast one yr old means one yr has passed from date of ur marriage and it also requires husband and wife to be living seperately from last oe year...for this u have to provide ur marriage details(invitation card etc) and have to give it in written as an oath..

2.both parties has to be present physically for filing of mcd petition in front of the judge..

3.6 months after filing of first motion of mcd.

4.these cases must be withdrawn by the complaintant on the basis of compromise .

pls note;-im not a lawyer ...just trying to help u..

adv. rajeev ( rajoo ) (practicing advocate)     02 December 2011

Her presence is not necessary, but seperate vakalat will have to be filed by another advocate.  6 months mandatory period you will have to wait.  After 6 month s and after conciliation stage you will get the divorce.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     02 December 2011

Sanjay 's reply is relevant. Apreciate Raj too,

Her pr necessary, with Aff to confirm we cannot live togather.

time min 6 months + delay in ct say 2 months total 8 month app  

i add: can file 13b only after ONE  years seperation 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Agreed with Mr. Shroff.





Shonee Kapoor

Nadeem Qureshi (Advocate/     03 December 2011

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.]

Kamlesh soni (advocate)     03 December 2011

agree with mr. shroff

Anil Kumar (IT Professional)     04 December 2011

Is Girl is entitled for any alimony in case of mutal consent for divorce. And what the things return at the time of amicable settlement between both parties. Is any amout should be payable beyond "streedhan".

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 December 2011

In Mutual consent, the alimony is also decided mutually.





Shonee Kapoor

Dr J C Vashista (Advocate)     05 December 2011

I agree with Mr Shroff.

Decide alimony and jewellary.

Do you have any child from this wedlock? If yes, what about care and custody of child, decide beforehand.

One year separation and six months for second motion (after 1st motion at the time of presentation of petition, in person, before the Court) for Mutual Divorce is mandatary.

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