What is procedure for mutual divorce?
01-Aug-2023 (In Divorce Law)
What is the procedure for mutual divorce? I have been married for 5 years. Me and my husband are staying separate for 1 year now.
Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
Divorce Petition will be drafted which will include terms of settlement agreed between parties.
Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
After recording of statements, First Motion will be passed.
Court gives six months time to parties to reconsider their decision. This is called cooling period generally.
Second Motion is set up.
Aforesaid steps shall be repeated. Statement of parties will be recorded again.
After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.
On the basis court pass first motion and give date after six months for second motion. In second motion neither husband not wife object first motion. Afterwards court's passed decree of divorce.
Get a hassle-free divorce by mutual consent with LawRato's Mutual Divorce Service. This service includes everything from consultation with leading Divorce Lawyers to obtaining Divorce Decree from the court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
- Please suggest on the query, if any advocate is using abused words
- Options of divorce for a filipina outside Philippines & marry in india
- regarding moving abroad while on 498-A case without taking permission
- Ongoing 125 crpc getting delayed
- I got exparte divorce against my wife in Bangalore family court
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."