Divorce Law Videos - How to file a mutual divorce case

Section 13B of the HMA Act 1955 provides for divorce by mutual consent. period of separation is 1 year)
Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.
Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)

The Conditions required under section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

How does it work:
In all there are two court appearances in a mutual divorce

First A joint petition signed by both parties is filed in court . 
Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
Finally Divorce decree will be granted as the Hon'ble Court may deem fit.

As par the latest circulation the presence of wife's either parent at the time of hearing has become a must both in Delhi and NCR region for mutual divorce.

Advocate Siddhant Sharma can be consulted for further information at 09599-000-555.