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Procedure for filing mutual consent if completed 1 year of marriage
10-Feb-2023 (In Divorce Law)
Respected sir i want to knw how i get divorce by mutual consent.we dont have any physical relation since marriage.and we had spend almost 1year i.e.on (10 march 2016).so please advise me how i get divorce as soon as possible..
If you and your spouse have reached an understanding with regard to the terms and conditions of the divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition for mutual consent divorce shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following places:-
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.
• 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.
• 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
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Adv. Sudershani Ray
Delhi | 200+ Answers
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You can file mutual divorce if your partner is also willing for divorce. It will take six month in that case. Otherwise you will have to file divorce on other grounds such as desertion (and prove it) and your partner may challenge the same.
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Dear sir you will have to wait till 10th march 2016 to file a petition for divorce on mutual consent . After completing of one year a joint petition will be prepared stating the facts when the marriage took place and from when you and your wife are living separately and brief reason in general that why you are not living together.
on the date the first date of motion you both need to sign in court on the joint petition and then court grant a six months future date and once you both present and sign on second date the decree of divorce is granted.
on the date the first date of motion you both need to sign in court on the joint petition and then court grant a six months future date and once you both present and sign on second date the decree of divorce is granted.
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Adv. Manish Kumar Pandey
Haldwani | 100+ Answers
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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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