quesWhat is the procedure for mutual consent divorce

My friend Dinesh thaker he want divorce with her wife , his wife is leaving Ratlam (MP) and my friend is leaving Ankleshwar (Gujarat) since 10 yrs. My friend was filling 13 B In ahmedabad family court since 2012 now days that case is pending and his wife and my friend want to mutual divorce than my friend is very confuse what can do because mutual divorce case file than waiting period is 6 month right ? and my friend says if possible is 13 b filling and his case is withdraw than 2 month finished this divorce matter. So my question is above possible that ? pls guide me

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    • ans

      Assuming your friends are both Hindus they can apply a divorce under  Mutual Divorce and it is recognised under Section 13B of the Hindu Marriage Act.

      Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. 

      The Court shall then record the joint statement of the Parties and pass a First Motion Order giving a time of 6 months to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So, therefore, divorce by mutual consent takes about 6-7 months.

      The general rule is the divorce by mutual consent is filed by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filed also called first motion and after six months, which is referred as second motion. 

      After this process is complete, Judge is satisfied with the consent of both for divorce all issues like custody of the child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted. 

      You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post-divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.

    • ansIt can be done in exceptional circumstances, for that first I wanted know what is the status of the mutual consent divorce Petition in the court of law and if it pending than if the Hon'ble Court satisfied court can grant you divorce after statements are recorded . You have to take consultancy for the same .

      Advocate Rajiv Rajpurohit

        Kausthub Society, Ahmedabad

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