Grounds and procedure of Divorce and custody rights

817 votes

There are two types of divorce divorce deed. one is registered with the registrar and the second is registered with the Notary. thenafter both of you or any one of you may file the divorce decree before the family court and family court proceed the matter and after completed of six months pass an order as divorce registered with the registrar/Notary is valid and then give the decree. that is the proper procedure

Advocate Hitesh D Katharotiya LawRato

565 votes

An application for divorce under your relevant personal law needs to be preferred before the concerned family Court. A separate application for the custody of child or stridhan can also be preferred. Thus consult an advocate for the same

Advocate Sahil B Trivedi LawRato

508 votes

there are two types of divorce one is divorce by mutual consent and one is a petition filled by husband or a wife for divorce when another one is not agree for divorce. try to adjust for a child if possible.

Advocate Nirmit Pathak LawRato

930 votes

When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally.
Thanks

Advocate Anish Singh LawRato

862 votes

Hi,

If both the parties wish to go for Divorce they can file suit U/S 13 B 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.]
(i) The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. In this transitional period the parties or either of them may have second thoughts;
(ii) The period of living separately for one year must be immediately preceding the presentation of petition. The expression ‘living separately' connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations;
(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed. The court should be satisfied about the bona fides and consent of the parties. If there is no consent at the time of enquiry the court gets no jurisdiction to make a decree for divorce. If the court is held to have the power to make a decree solely based on the initial petition, it negates the whole idea of mutuality. There can be unilateral withdrawal of consent.

Advocate Ramit Sehrawat LawRato