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mutual consent divorce in case of court marriage


23-May-2023 (In Divorce Law)

We had a court marriage. Now we want a mutual divorce. How should we go about it?

Answers (1)

Answer #1
82 votes
Mutual Consent Divorce is governed by Section 13B of the Hindu Marriage Act which states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the grounds that they:
  • 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. 

However, if your marriage has been solemnised under The Special Marriage Act, 1954, mutual consent divorce shall fall under Section 28 of the same.The procedure followed is similar to the one in Section13B of Hindu Marriage Act as mentioned above.


 

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