What is the procedure to apply for mutual divorce? Married for 1 year.


Please guide me with the process of a mutual divorce. I have been married for a year. We want a Mutual Divorce now. She doesn't like me and I don't like her. We had an arranged marriage.

 

How should we go about it?

 

Answer

Assuming you both are Hindus, Mutual Divorce is recognized 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 time of 6 month 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 filled 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 id filled also called first motion and after six months, which is referred as second motion. 

After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of 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.

 

Kindly contact us for any further details and action.

 


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