I want to get divorce from my wife. How should i proceed?

71 votes

Section 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.

Under these circumstances a Divorce by Mutual consent can be filed.
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

i First A joint petition signed by both parties is filed in court .

ii Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.

iii Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)

iv Fourthly 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.

Divorce decree will be granted as the Hon'ble Court may deem fit.

This a shorter process and takes approximately 8 to 1 year.
 

LawRato LawRato

962 votes

If both are willing to get separated than a divorce petition can be filed in the court. The terms of separation can be discussed and if required, reduced in writing in the form of an agreement which can be the basis of the petition. Please keep in mind that one years separation is a must for seeking divorce by way of mutual consent. The same can be discussed and managed also.

Advocate Jiwan Pal Singh LawRato

929 votes

Section 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.

Under these circumstances a Divorce by Mutual consent can be filed.
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
i First A joint petition signed by both parties is filed in court .
ii Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
iii Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
iv Fourthly 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.
Divorce decree will be granted as the Hon'ble Court may deem fit.
This a shorter process and takes approximately 8 to 1 year.

Advocate Sudershani Ray LawRato

802 votes

Sir,
assuming you are Hindus you may file a petition for divorce by mutual consent before the district court having jurisdiction. 2 motions will be involved. The court will pass the 1 st motion and after a period of 6 months a 2nd motion will be filed and the decree of divorce will likely be granted. I hope that answers your query. Regards

Advocate Rajat Joseph LawRato