Procedure to get divorce with mutual consent

792 votes

Hello. As per section 13B of the Hindu marriage act, you and your husband can file a joint petition for divorce/dissolution of your marriage. Both your statements would be recorded by the court. Thereafter the court provides a statutory period of 6 months for reconciliation efforts to resolve the disputes and withdraw the joint petition, if at all you wish to do so. If no reconciliation materialises within this 6 months time, both of you then move the second motion where the court would pass a decree of divorce after hearing both of you. You must amicably settle issues dealing with custody of child, disposal of joint property, alimony etc.

Please note there cannot be an out of court agreement for divorce. Marriage can only be dissolved by decree of a Court.

Advocate Sandipan Mohanty LawRato

956 votes

Divorce by mutual consent can be filed under Sec. 13B of the Hindu Marriage Act, before any competent Family Court. But before filing such a Divorce Petition, all the preconditions of such a Divorce, like the issues of Child custody, Maintainance, Alimony, and sharing of property (if any) may be discussed and agreed upon between the husband and the wife for avoiding any future complication in getting such a divorce decree. This Petition is normally taken up on a motion , and decided, after a period of six months from the date of it's presentation before the court. And all the proceedings are held with utmost privacy at all stages.

Advocate Pradipta Varma LawRato