mutual consent divorce and alimony
What is the process of filing for mutual consent divorce if wife doesn't want to stay with man and is individual entitled for any alimony for separation?
If you and your spouse have reached a mutual agreement with regard to the terms of divorce, both of you can jointly file a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act.The petition for the same shall be drafted based on the terms and conditions decided between the two of you.
As per the Hindu Marriage Act such petition can only be moved, provided, 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
The mutual consent divorce is filed in two stages. The first motion petition and second motion.
Once first motion is filed and statement given by parties the court grants them six months which is called cooling period.
If after cooling period parties wish to take a divorce a second motion petition is filed and after statement of both parties divorce gets final.
The important aspect in this is arriving at settlement between parties with respect to alimony, child custody, property of shared etc. All this is mutually decided by both parties and filed in court. The court will just approve the terms.
Feel free to revert in case of further clarifications.
Advocate Sonia SainiDwarka, Delhi
Dear Sir, for purpose of obtaining a divorce through mutual consent first both the parties must be in agreement on divorcing, then both move to court, show your mutual consent, court gives time for six months, the mutual consent must survive even then. The question for alimony will depend upon the terms of decree in mutual consent.
Advocate Rakesh ChaurasiaGreater Kailash- I, Delhi
If birth parties are ready for divorce, file a petition in the local Family Court having jurisdiction for divorce by mutual consent under section 13B of Hindu Marriage Act. You'll be called for a hearing and will be granted divorce in the subsequent hearing, provided you have been separated for a year.
Advocate Mishika SinghLajpat Nagar 1, Delhi
File Mutual Consent Divorce @ Rs. 25,000/- only
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