If there is a dispute between the husband and the wife, he/she has the right to apply for divorce in a court of law. There can be two situations arising thereafter:
1.Both parties are willing - Mutual Consent Divorce between Hindu Couple is governed by The Hindu Marriage Act, 1955, under Section 13B. on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than 18 months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of decree.
2.If one party is not willing but the other wants divorce – The petitioner can still file the case for the divorce under Section13(1).
Advocate Rohit Nagpal can be consulted for further information at http://lawrato.com/advocate-rohit-nagpal or by calling 09599-000-555.
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