What is the procedure for filing divorce by mutual consent?

Dated: 2024-03-16 22:20:25

What is the procedure for filing divorce by mutual consent?

Answers by Lawyers

Divorce by Mutual Consent came as a relieve to both the husband and wife in the year 1976 which was brought by the India Parliament through an Amendment in the Hindu Marriage Act. Section 13-B of Hindu Marriage Act gives a right to the husband and wife to get their marriage dissolved by a decree of divorce on more than one grounds, that are -

  • Both the parties to the marriage have been living separately for a period of one year or more.
  • They have not been able to live together.
  • They have now mutually agreed for the dissolution of the marriage.

It must be noted that before filing for divorce by mutual consent, the couple has to reach an understanding with regard to the terms and conditions of divorce in respect of maintenance amount, child custody, property division, etc.

 

Procedure for filling petition for Divorce by Mutual Consent

  • Both the parties need to file together a petition seeking divorce before the District court.
  • Before filing of the petition, married couple should make sure that they are living separately for a period of one year or more. After petition is allowed, parties are required for filing of statement.
  • Couple seeking divorce by mutual consent will have to give reason why they are not able to live together and mention in the petition that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
  • Court after a period of 6 months and not more than 18 months (cooling-off period) will give a date for listening to the parties.

 

Where to file the divorce petition?

The petition for divorce by mutual consent can be filed in the family court of the city / district of any of the following places:

  • Place where marriage had taken place
  • Place where husband and wife last resided together.
  • Place where the wife is residing at the time of filing of the petition.

 

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