What is procedure for mutual divorce?
What is the procedure for mutual divorce? I have been married for 5 years. Me and my husband are staying separate for 1 year now.
Hello , you and your husband have to file a petition of divorce on mutual consent together alongwith affidavits . both of your statement s will be recorded in the court . then after 6 months a second petition will be filed and then simillary both o your statements will be recorded again n then ur divorce will be final .
Advocate Anshul GuptaAjmeri Gate, Delhi
It is very simple, you need to file joint petition before the family court for divorce.
On the basis court pass first motion and give date after six months for second motion. In second motion neither husband not wife object first motion. Afterwards court's passed decree of divorce.
Advocate Akhil VermaDelhi High Court, Delhi
The following is the procedure for divorce by mutual consent:
Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
Divorce Petition will be drafted which will include terms of settlement agreed between parties.
Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
After recording of statements, First Motion will be passed.
Court gives six months time to parties to reconsider their decision. This is called cooling period generally.
Second Motion is set up.
Aforesaid steps shall be repeated. Statement of parties will be recorded again.
After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.
Advocate Sonia SainiDwarka, Delhi
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