Procedure of Mutual divorce

536 votes

If you and your wife has agreed to part their ways then you have to file the divorce by mutual consent. you can make the mou and file it with the first motion of the divorce .

Advocate Gaurav Rohila LawRato

999 votes

Following conditions must be satisfied for making a joint petition for divorce by mutual consent:

That husband and wife have been living separately for a period of one year or more.
That they have not been able to live together.
That both husband and wife have mutually agreed that the marriage should be dissolved.
Thus, where the marriage has completely failed and both parties feel that it is not possible to live together, and where the aforesaid 3 conditions are satisfied, both the husband and wife can file a joint petition before the District Court for dissolution of marriage, i.e., for divorce by mutual consent, under the provisions of the aforesaid Section 13-B of the Hindu Marriage Act.

What is the procedure for obtaining divorce by mutual consent?

If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
The marriage will stand dissolved from the date of such decree passed by the Court.
And as far as dowry articles and any such things are concerned You can make an agreement for the same that all belongings have been returned to the other parties.
Thanks and Regards
Advocate Suneel Kumar

Advocate Suneel Kumar LawRato

886 votes

If your wife is agree to give you divorce by mutual consent , so you can file divorce case.

Stridhan are those things which she brought at the time of marriage like jwellery ,money and all .and there is no need to live separately before marriage if you want mutual divorce.

Advocate Deepak Rathore LawRato

988 votes

Well that is good that both of you have agreed to do it mutually. Yes it is necessary to live separately for one year. I suggest you visit an advocate once and get detailed answers to your queries. Both of u will enter into an MoU which will be presented before court

LawRato LawRato

598 votes

Hi,

You can go for mutual divorce if both the spouses are ready for the same under Hindu Marriage Act and your case is fit for that.
Suggestions to your queries: You can go for Mutual divorce and if your wife is ready then its not mandatory to pay the alimony

Advocate Ashish Bansal LawRato

944 votes

You can file a petition before the family court which has jurisdiction in your case under section 13 B of the Hindu Marriage act for divorce by mutual consent. You can state all the facts and even enter into an agreement stating all facts. Once you file the joint petition the statement of both parties is recorded in the first motion. Then 6 months period is given by the court for reconciliation. At the end of the said period, if both parties still don't agree then the second motion/ final hearing takes place and divorce is granted.
Stridhan as per the Hindu law is whatever the woman receives during her lifetime, at the time of marriage, after marriage and includes all moveable and immovable property.

Advocate Nupur Kumar LawRato