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Wanted to know about the divorce
08-Jul-2023 (In Divorce Law)
Pls assist about the divorce process am not sure about this
the Hindu Marriage Act, the parties to a marriage might file a petition for dissolution of marriage, by decree of divorce by mutual consent, on the ground that that they have been living separately for a period of one year or more, and that they have not been able to live together
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Adv. Ashwini Deshmukh Salunkhe
Thane | 200+ Answers
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Divorce proceedings start with filing of petition in concerned court having jurisdiction and it could either contested divorce or mutual consent divorce based on the facts and circumstances of the matrimonial dispute between the spouses.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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There are two ways a Divorce can be granted :
Divorce by Mutual Consent.
Contested Divorce.
1. Divorce by Mutual Consent.
This method of divorce is where both husband and wife jointly file petition for divorce.
A joint divorce petition is filed by the divorcing couple in the court through a layer.
They can hire a lawyer and provide him with all the relevant details.
Lawyer will file a petition in court.
The court will send a copy of the petition to the couple.
The terms and conditions of such a divorce are reached through an amicable consensus.
Note:
Applicable for husband and wife have been living separately for at least 1 year and have mutually decided to end their marriage.
After the petition is filed the court gives a six-month cooling off period before the grant.
2. Contested Divorce.
Hire a lawyer and provide him with all the relevant details.
Lawyer files a petition in court.
The court will send a copy of the petition to your spouse.
The spouse could contest or agree to the divorce. If he/she contests it, then the length of the process would depend on the facts of the case.
In case of mutual consent the spouses need to prove that they have been staying apart for more than a year.
Once the proceedings are over the court gives a period of six months to reconsider the decision to divorce.
In case the petitioners don't withdraw the petition the court grants the decree to divorce.
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Adv. Mahendrakumar S Sonawane
Dombivli | 25+ Answers
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