U want to file a petition for divorce

558 votes

yes you can in mutual divorce you can get twins chiled custoty. that is simple proceess. you can prepare mutual divorce petition and all the terms and condition you can metion the peition and after that you fille the pettition in the court First motion after you will get six months time for second motion after that court will order of divorce and after one month you can get divorce decree.

Advocate Anil Kumar LawRato

619 votes

In the provided client query under Divorce Law, the individual is seeking a straightforward and amicable mutual divorce process. They have clearly stated that there is no requirement for alimony and no pending legal cases between the parties, which simplifies the procedure significantly. The client’s primary concern is obtaining custody of their twin children, which will be a key point in the mutual consent petition. Under Section 13B of the Hindu Marriage Act, 1955, mutual consent divorce is allowed when both spouses agree that the marriage has broken down irretrievably and they have been living separately for at least one year. Since there is no dispute over alimony or property, the main legal consideration here will be child custody. For custody of minor children, the court prioritizes the welfare and best interest of the children. If both parents mutually agree to grant custody to one parent (as the client wishes), the court is likely to approve it, provided it is in the children’s best interest. The client should approach a family court with a joint petition signed by both parties, clearly stating the terms of divorce and custody. Legal assistance is recommended to ensure the documentation and hearing are handled smoothly.

Advocate Piyush Shrivastav LawRato