What is the procedure to file a divorce case

680 votes

If you want to file mutual divorce then first motion have to be filed by both of you along with MOU and after 6 months second motion petition will be filed.
Now after the recent judgment of Supreme Court that period of 6 months can be waived off

Advocate Devashish Maharishi LawRato

591 votes

Dear,
You can file a divorce by mutual consent if both of you have mutually decided to take a divorce.Initially ,joint petition for First motion is filed in the court and court gives a time of 6 months to file second motion.
The purpose of giving 6 months of time is to give an opportunity to both the parties for reconcilliation i.e. if they are sure about getting seperated.After 6 months, second motion is filed and then the divorce is granted by the court.

Advocate Hasmeet Singh LawRato

801 votes

You both can move to the court and file a divorce by mutual consent under Hindu Marriage Act. You both have to show that you are living seperatelty with each other and there is no possibilty of your reunion.
You have to decide that who will take the custody of your child, maintainance etc before filng of the petition. Thank you

Advocate Mohd Shuaib Khan LawRato

952 votes

you can file a petition under sec 13-B Divorce by mutual consent if you both are ready to get seprated .The only condition in this petition is that you are living seprately for 1 year period and both parties can decide in whose custody child should stay .the other condition is that you also get settled your valuable articles and other items along with amount of money .the petition should be filled in the family court of your area along with necessary documents .the advocates have to engaged by both the parties .this petition contain 2 motion and 2 motion will be after 6 months but if you have any special ground for divorce the court can grant before the said period.

Advocate Sarun Hans LawRato

613 votes

There are many questions which matters.
From how long you are living seprately?
Is thete any settelment deed?
What about the child?
Any other amount or property u want to pay to your wife.
It takes two hearing dates to complete the process. Please contact for more details.
Thanks
Advocate Sumer Jain

Advocate Sumer Jain LawRato

530 votes

If you want to live seperately from your husband then you can file Divorce case against your husband and claim the custody of your children also from the family court. In these matters notice is issued to your husband.

Advocate Lavika Gupta LawRato