Petition for mutual consent divorce under special marriage act
Me and my wife belong to different religions and got married in 2013.It was a court marriage.Now we want to go in for mutual consent divorce.What is the procedure for the same under The Special Marriage act
Since both of you belong to different religions your marriage shall come under the provisions of Special Marriage Act, 1954.
Mutual Consent Divorce is governed by Section 28 of the Special Marriage Act, 1954
Which states that.-
A petition for divorce may be presented to the District Court by both the parties together 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.
Secondly, on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to it in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.
File Mutual Consent Divorce @ Rs. 25,000/- only
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