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Mutual divorce in Bhubaneswar. Procedure of Mutual Divorce


17-Apr-2023 (In Divorce Law)
What is the procedure for Mutual Consent Divorce in Bhubaneswar. Detail procedure for Mutual Consent Divorce in Bhubaneswar. How to apply for Mutual Divorce in Bhubaneswar. Lawyer for Mutual Divorce in Bhubaneswar.
Answers (1)

Answer #1
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PROCESS & PROCEDURE FOR MUTUAL CONSENT DIVORCE IN ODISHA

Mutual Consent Divorce is the best way to terminate a marriage without any stress and litigation.

It saves time so also the burden and litigation cost. Parties intending for Divorce on mutual consent do not go through the intricate procedures of Law.

As the name suggests, both the husband and wife apply for Mutual Divorce in a joint petition. Both the Husband and Wife apply as the Petitioners in case of Mutual Divorce.

Parties set their own terms and conditions like property, permanent alimony, child custody etc and same is clearly mentioned in the Petition to avoid any future denial.

Additionally parties need to file their Marriage proof ( invitation card or Marriage certificate ), address proof, photographs for verification of the Court.

Petition is drafted as per the instructions of the Husband and wife by mentioning their terms and conditions. Photographs are affixed in the Petition. Parties are required to sign on the petition, photographs, address proof, marriage proof.

Petition is filed in the Court and case number is assigned to it. Now the case waits for admission. On the date of admission, both the husband and wife comes before the Family Court with their original identity proof.

After admission, the case is posted to another date for Conciliation. Where both the husband and wife appear before the conciliator. The conciliator tries his best to reunite the estranged husband and wife and to bring them back to the main stream of Matrimonial life. In the eventuality of failure on the part of the conciliator to reunite the parties, conciliator submits his report before the Family Court.

Thereafter evidence affidavit is filed by the Husband and wife before the Family Court.

Case is then posted for recording of evidence. Both the husband and wife appears before the Family Court and their evidence is recorded.

If the Family Court finds the evidence to be true and without any collusion and if the Family Court thinks the Marriage is unworkable irreparable emotionally dead and beyond salvage then decree of divorce on mutual consent is passed.

The process generally takes 6 months in view of the mandate of Section 13 B of the Hindu Marriage Act. But parties can file a waiver application to waive out the six months statutory period if they have been staying separately since more than one year and six months.
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