If you are planning to
get a divorce, mutual divorce should always be preferred to a contested
divorce. Obtaining divorce through mutual consent is quite advantageous as it
saves both time and money. The provision for dissolving marriage through mutual
divorce in India is included in Section 13 B of the Hindu Marriage Act by the
Marriage Laws (Amendment) Act, 1976. Any marriage solemnized before and after
the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.
Mutual Divorce is to be filed by the couple only after they
have lived apart for at least a year. A petition supported with affidavits for
divorce should be filed in the district court by the both the spouses. The
husband and the wife should jointly state to the court that they are unable to
live together as they are facing immense difficulties in adjustment.
The filing of divorce petition by both the husband and the
wife is legally known as the "The First Motion Petition for Mutual Consent
Divorce". "The Second Motion Petition for Mutual Consent
Divorce" mentioned in the sub-section (2) of Section 13 B is filed when
the couple reappears to the court for the second time after a period of six
months. If the judge is satisfied after a hearing from both the husband and
wife, the court announces a mutual divorce decree.
For a mutual divorce Please
consult an experienced lawyer who will effectively guide you to get the
divorce through a mutual agreement done between you and your spouse.
Regards
Team Legal Point Foundation
For any Legal query :
legalbuddy@gmail.com
Legal Point Foundation
Deepak Miglani (President), Dinesh
(Treasurer)
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1 comment:
It's such an interesting post. I really like it. You shared a really good information . Thank you and keep sharing.
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