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 thei...
Contested divorce is a formal way of seeking a divorce from your spouse who is not agreeable to the idea of divorce. But the reasons for contested divorce shouldn’t be mere your choice to live separately, it should be reasonable ground to prove that the actions, behaviour, omissions or conduct of your spouse has annoyed you to the extent that it made you come to the conclusion that living together is not possible. Procedure and Court proceedings For obtaining a contested divorce you need to consult a good and trustworthy divorce lawyer and explain the whole marital situation and difficulties you are facing in detail to him. The divorce lawyer will prepare a Petition as per the facts and circumstances explained and narrated to him by you. You need to provide all the relevant documents and proof related to marriage and also the proofs supporting the allegation made in the div...