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K.P.Nataraj (Trader)     14 April 2024

Reg. filing of mutual divorce petition

Respected Sirs,


                     My friend filed a divorce petition against his wife in 2014 on cruelty ground.

and his wife on the same year filed a RCR case.

                    Both the cases disposed in the 2023.  The divorce petition was disallowed

 and the RCR petition allowed on behalf of his wife.

                   But now both my friend and his wife want to get divorce mutually.

What is the proceedure to file the Mutual Divorce petition. Please explain.


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     14 April 2024

Your friend has already filed a RCR petition through her lawyer and her spouse filed a divorce petition through his lawyer. 

Now what is the confusion about filing a mutual consent divorce case?

Instead of filing a separate petition both have to file a joint petition for mutual consent divorce. 

The lawyer will guide them hence contact the lawyer. 

Advocate Bhartesh goyal (advocate)     15 April 2024

Both husband  and wife have to file joint petition for mutual consent divorce u/sec 13 b of Hindu Marriage Act. Nowadays  courts has been exempting six months cooling period and granting divorce immediately. 

P. Venu (Advocate)     15 April 2024

They have the option to file a joint petition. As there are disputed issues, the petition could be moved even without the assistance of an advocate.

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