mutual consent divorce and alimony


What is the process of filing for mutual consent divorce if wife doesn't want to stay with man and is individual entitled for any alimony for separation?

Answers (4)


219 votes
If you and your spouse have reached a mutual agreement with regard to the terms of divorce, both of you can jointly file a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act.The petition for the same shall be drafted based on the terms and conditions decided between the two of you.

As per the Hindu Marriage Act such petition can only be moved, provided, you and your spouse:
  • 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
 

182 votes

The mutual consent divorce is filed in two stages. The first motion petition and second motion.

Once first motion is filed and statement given by parties the court grants them six months which is called cooling period.

If after cooling period parties wish to take a divorce a second motion petition is filed and after statement of both parties divorce gets final.

The important aspect in this is arriving at settlement between parties with respect to alimony, child custody, property of shared etc. All this is mutually decided by both parties and filed in court. The court will just approve the terms.

Feel free to revert in case of further clarifications.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

209 votes

Dear Sir, for purpose of obtaining a divorce through mutual consent first both the parties must be in agreement on divorcing, then both move to court, show your mutual consent, court gives time for six months, the mutual consent must survive even then. The question for alimony will depend upon the terms of decree in mutual consent.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
330 votes

If birth parties are ready for divorce, file a petition in the local Family Court having jurisdiction for divorce by mutual consent under section 13B of Hindu Marriage Act. You'll be called for a hearing and will be granted divorce in the subsequent hearing, provided you have been separated for a year.

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 contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles