88+ Lawyers are online 
Procedure to fast track the Mutual divorce case, please advise.
03-Feb-2023 (In Divorce Law)
Hello,we have filed a petition for mutual consent divorce on 27-01-2017 at Lb nagar district court.Its been 1 week completed,still we have not got hearing date. my advocate is telling that the petition has not been filled yet. We are confused why this happened and we hope that our advocate delayed in getting registerd.please help us to know the procedure that should go background after filling our petition to get the hearing date.
utual Consent Divorce in case of Court marriage is governed by The Special Marriage Act, 1954 under Section 28.
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the petition referred to it in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has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.
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the petition referred to it in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has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.
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
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.
Connect with top Divorce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
