procedure of mutual divorce and rights of wife over husband's property

Question

procedure of mutual divorce and rights of wife over husband's property

18-Jan-2023 (In Divorce Law)

I want to know the procedure of Mutual Consent Divorce Procedure. Me and my husband willing to take Mutual Consent Divorce, can I please know the procedure and also the rights of wife on property?

Answers (5)

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LawRato LawRato · Accepted Answer · 2017-01-18T14:18:13+05:30

Firstly are both of you hindu. Then you can apply for mutual consent u/s. 13 B of Hindu marriage act. After filling application court will allot case number and give you next 2 months date for councelling. Then after that you will get 4 month date and on that date you have to submitt affadavit of both along with one withess affadivait. Then court will order divorce.
Secondly wife has equal share in the husbands property.

LawRato LawRato · Accepted Answer · 2017-01-18T14:31:07+05:30

Dear client when both husband and wife are ready for divorce then they can file mutual divorce. For filing mutual divorce one year separation is necessary. If u want share in property then file suit in civil court. For any legal help call me

Adv Prasad Patil

Pune

Advocate Deepak Shrichand Khushalani LawRato · Accepted Answer · 2017-01-18T15:18:10+05:30

Answer #3

If you are a Hindu then u have remedy to file mutual divorce petition under section 13B of Hindu Marriage Act.
After filling of petition court will give you a six month judicial separation.
So far as the self acquire property of your husband is concern you don't have any right till he suervive.

For further more information fill free to contact me will help you definitely.

Adv. Deepak Shrichand Khushalani

Amravati | 25+ Answers
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Advocate Swapnil Jamkar LawRato · Accepted Answer · 2017-01-18T15:36:34+05:30

Answer #4

Hello,
As per ur query u the procedure of mutual divorce are as follows
Both parties have to jointly file divorce petition ..then mediation ,then 6 months of cooling period ..
She can ask for property by civil suit..

Adv. Swapnil Jamkar

Nagpur | 5+ Answers
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Advocate Vikas Surve LawRato · Accepted Answer · 2017-01-18T15:45:45+05:30

Answer #5

If you and your wife is ready to take mutual divorce, you have to file petition of divorce u/s 13 B of Hindu Marraige act. There should be separation period of 1 year. And you need to submit consent term in which you have to mention on what condition your wife is giving divorce. And after divorce wife can not claim anything over your property.

Adv. Vikas Surve

Mumbai | 25+ Answers
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