If husband wife both mutually agree for divorce
If husband wife both mutually agree for divorce what are the conditions. Do they have to be separated for atleast 1yr.
Divorce can only be sought after completing one year of marriage. In case of mutual divorce the parties have to enter in an agreement reproducing the terms of settlement between them.The terms may include amount of maintenance, child custody,division of joint property,division of debts etc.
However, as per Hindu Marriage Act there are certain conditions that need to be fulfilled before applying for mutual consent divorce, namely:
- living separately for a period of one year or more,
- not being able to live together and
- have mutually agreed that the marriage should be dissolved
After the terms are decided mutually between the parties, they can move to court by way of first motion. After the first motion is allowed, the parties have to wait till 6 months to move for second motion. The second motion gives finality to divorce between the parties.
The terms and conditions have to be mutually decided by both the parties . Furthermore, yes as per section 13B of Hindu Marriage Act 1956, the parties should be married for ateast a year and shall be staying separately for a period of 1 year
Advocate Sudershani RayKailash Hills, Delhi
Yes, atleast one year separation is mandatory prior to filing of a divorce petition. In case, the same is ignored and a petition is filed, the same cannot be entertained and is not maintainable in law
Advocate Jiwan Pal SinghTis Hazari Court, Delhi
Divorce can only be sought after completing one year of marriage. In case of mutual
Divorce the parties have to enter in an agreement reproducing the terms of settlement between the parties and then move to court by way of first motion. After the first motion is allowed, the parties have to wait till 6 months to move for second motion. The second motion gives finality to divorce between the parties.
Advocate Kanika BhutaniPunjabi Bagh (West), Delhi
File Mutual Consent Divorce @ Rs. 25,000/- only
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