Divorce on Mutual consent of wife and husband

928 votes

Hi
1) both the husband and wife should file joint divorce petition under section 13 B of hindu marriage act.
2) If children are born out of wedlock, an agreement between the husband and wife towards the maintenance of child, their education, welfare, wellbeing, visitation etc should also be presented before the court.
3) Prior to the suit being numbered, the judge will hear the parties (this is called first put up) and number the suit, if both the parties affirm before the judge of their intention to get separated.
4) Some times, though the parties are clear in their intention to file for mutual consent, the judge may refer the matter to mediation center for counselling.
5) If both parties reiterate their intention to divorce in counselling as well, then the judge will list the matter for hearing after 6 months(this is called second put up).
6) At the time of second put up, the court will again ask the parties and then grant divorce.

Advocate Rajagopalan LawRato

838 votes

Both have to file petition before the court and their shall be married life of more than 1 year and both shall be living separately since one year. Their is a period of six months to wait further after filing of the case. Call us through website for further assistance.

Advocate Mohammed Abdul Quadeer LawRato