Mutual Divorce is the simplest and easy way to end your marriage, as compared to a contested divorce, it saves significant time, economic and mental loss. Section 13B of the Hindu Marriage Act, 1955 enumerates the law pertaining to divorce by mutual consent. Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.
Where to file?
As per Section 19 of the Hindu Marriage Act, 1955 you can file the divorce petition before a civil court of a district-
1. Where the couple seeking divorce last resided together
2. Where the marriage took place
3. Where the wife is residing at present
4. Where the opposite party is residing at the time of presentation of the petition.
File a Joint Petition
A joint petition for dissolution of marriage and for a decree of divorce is to be filed before the appropriate court signed by both the parties stating that they are not being able to live together and mutually agreed to dissolve their marriage.
Appearance before Court (First motion)
Both parties will have to appear before the court and present their respective lawyers for further follow-ups. Both the parties will file statements and issues such as split of assets, custody of children, etc. will be settled. The court will critically observe the petition along with all the documents presented before it. After the petition is scrutinized by the court and it satisfies, an order on the first motion is passed by the court. a six months (reconciliation) period is given to both the parties before they can file the second motion.
The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.
After the reconciliation period, if both parties still don’t agree to come together, then the parties can move for the second motion in the court for final hearing and decree of divorce.
*In a recent judgment, the Supreme Court has stated that the six months period is not mandatory and can be waived off depending upon the discretion of the court.
Decree of Divorce
If the Court is satisfied after hearing both the parties that there cannot be any possibility of reconciliation and cohabitation between the parties, then the Court may pass a decree of divorce declaring the marriage to be dissolved.
The divorce becomes final once the decree of divorce has been passed by the court.
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