quesIf 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.

  • ansDivorce 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.

     

  • ansThe 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 Ray

      Kailash Hills, Delhi

  • ansYes, 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 Singh

      Tis Hazari Court, Delhi

  • ansDivorce 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 Bhutani

      Punjabi Bagh (West), Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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