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Mutual Divorce With Daughter Of 5 Years


29-Sep-2025 (In Divorce Law)
Procedure for mutual divorce custody rules etc my religion is buddhist me and my spouse are having different way of life so we decided to get divorce
Answers (5)

Answer #1
518 votes
Precondition for taking a mutual consent divorce is that there should be a separation period of more than one year. Secondly the parties should arrive at a consenses in respect of custody and maintanence of child alimony for wife, joint properties if any are to be settled between the parties. After filing of the mutual consent petition counselling is done through the court if both the parties are firm on the decision for divorce the court will pass an order after the passing of 6 month from the date of filing of the divorce petition.
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Advocate Neelkanth Goswami

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Answer #2
820 votes
For divorce by mutual consent you need to file a Petition and lay down the terms on which both the parties have decided to part ways. After filing of the Petition a formal mediation meeting is to be attended in Court. After the mediation, a date will be assigned by the Court on which the divorce order is passed. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

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Answer #3
734 votes
Filing for Mutual Divorce Both husband and wife must agree to end the marriage. You jointly file a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 (if you are Hindu; other personal laws also have provisions). The petition is usually filed in the family court where either spouse lives or where the marriage was registered.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

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Answer #4
697 votes
For Buddhists, divorce is governed under the Special Marriage Act, 1954. In case of mutual consent divorce, both spouses must jointly file a petition before the Family Court. The Court requires that you live separately for at least one year and mutually agree that the marriage has irretrievably broken down. After filing, a cooling-off period of 6 months is given (which may be waived in some cases). Custody of children is decided keeping their welfare as the paramount consideration, and both parents can also agree on joint/shared custody or visitation. Settlement regarding alimony, maintenance, and property can be recorded in the petition. Once the Court is satisfied that consent is genuine and terms are fair, it grants the divorce decree.
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Advocate Mrunmayi Kotawadekar

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Answer #5
694 votes
Well, you can seek a Mutual Divorce from the concerned Family Court. I can assist you in completing this procedure. There will be two set of motions within which your proceed to seek Mutual Divorce will be completed.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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