quesWhat is the process for mutual divorce?

i got married in 2013. Me n my wife was not living together since marriage. As it was inter cast marriage , me n my wife now thiking to take divorce. How much time it will take? what is the process? is it necessary to be present by both while filing the petition with the help of lawyer? pls guide.

  • ansSection 13B of the HMA Act 1955 provides for divorce by mutual consent.(period of separation is 1 year)

    Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.

    Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)

    The Conditions required under section 13B of the Hindu Marriage Act are as follows:

    i) Husband and wife have been living separately for a period of one year or more,
     

    (ii) That they are unable to live together,

    (iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

    Divorce By Mutual Consent is as the name suggests is when both parties ie husband and wife come to a mutual understanding that the marriage be dissolved amicably.

    How does it work:
    In all there are two court appearances in a mutual divorce
     A joint petition signed by both parties is filed in court .
    In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
    The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
    6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
    Finally Divorce decree will be granted as the Hon'ble Court may deem fit.

    The above mentioned procedure is faster  and takes 6 to 8 months and less time consuming. However  if the parties does not agree then you will have to file a contested divorce depending on facts and circumstances of the case

  • ansBoth can file divorce petition by mutual consent before the concerned court. It will take minimum 6/12 months to get the divorce decree. For filing the same presence of you both is must. Both need to file affidavits and other relevant documents.

    Advocate Sagar Kothari

      District Court Shivajinagar, Pune

  • ans8 to 10 months will be required for divorce. It is necessary for both to remain present for filing petition. Counseling will be done and then after 6 months decree for divorce will be passed by the court.

    Advocate Uday Jadhav

      Bibvewadi, Pune

  • ansSir,
    For filing mutual consent divorce both parties presence is required on the date of filing as well as on final day. After filing petite 6 months period is required to get final verdict. Evidence of parties n relatives are required n other documents regarding marriage.
    Terns n conditions of mutual divorce are to be finalized between parties with help of Advocate.
    Regards

    Pramod Kale

    Advocate Pramod Kale

      District Court, Shivajinagar, Pune

  • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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