Married in Jan, 2015 want mutual divorce immediately. legal procedure
24-Nov-2023 (In Divorce Law)
My nephew married on 24th jan 2015. Due to difference of opinion, they want to seek divorce on mutual consent. Already in front of elders of family and society, in mother tongue, a separation draft was made and signed by all parties concerned. Can we seek and get immediate legal divorce from the court? If yes, what is the procedure?
Petition for mutual consent divorce can be filed at any of the following places:-
• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where the wife is residing at the time of filing of the petition.
As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:
• have been living separately for a period of one year or more,
• have not been able to live together and
• have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
2. No settlement taken place outside the court is not binding on the parties and it is not valid also.
3. They have to seek divorce before the court only.
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.
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