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How can I proceed with a mutual divorce case
06-May-2023 (In Divorce Law)
Wife left husband's place and is residing with her parents. It has been 3 months and there has been no communication. Girl side has been silent and has been alluding questions like what to do next. wife has no regard for her husband and she has expressed it several times before. She has no desire to come back. Looking at the situation, divorce seems to be the best option. But I don't want to get embroiled in lengthy court proceedings. I would prefer divorce by mutual consent but the girl side is not responding. Worth mentioning here, wife is ready for divorce. How should i proceed?
You can file a petition for mutual consent divorce in the district family court.The divorce petition shall be drafted based on the terms and conditions decided between the two of you.
Petition for mutual consent divorce can be filed at any of the following places:-
- Place where marriage had taken place
- Place where husband and wife last resided together.
- Place where the wife is residing at the time of filing of the petition.
As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that:
- have been living separately for a period of one year or more,
- have not been able to live together and
- have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce
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