LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sreelakshmi (hr)     20 October 2009

divorce

me and my husband has signed for divorce on mutual consent after nine years of marriage.

 as our parents got involved in the matter  we were left with no choice other than to sign the papers.

I would like to know the procedure of counseling in mutual cosnent, like how many times .



Learning

 2 Replies

R.R. KRISHNAA (Legal Manager)     20 October 2009

It is the wish of the parties to opt for counselling.  Counselling is not compulsory.  It can be waived if both the parties inform the court that they do no require counselling and like to proceed to get the order of divorce by mutual consent.

AEJAZ AHMED (Legal Consultant/Lawyer)     20 October 2009

Dear Sree Lakshmi,

Kindly go throgh the following answer which is in detail:

You say you want to do this of your own without any lawyers help but here it is only a lawyer who is going to guide you how to go about this whole process of divorce by mutual consent. First thing which you have to see under which Act your marriage was solemnized. In case you both are Hindus & married according to the Hindu Marriage Act,1956 then you both can apply for divorce by mutual consent under section 13-B of this Act. Now what are the things you have to take care in such petition for divorce by mutual consent :- firstly you can file any petition for divorce only after one year has passed for such a marriage, secondly you have to file a joint petition U/S13B of the Hindu Marriage Act,1955,it means you both have to sign it & verify it jointly, thirdly if you have any proof of your marriage e.g. marriage certificate etc you have to attach a true copy of such certificate with your petition,forthly you have to mention in your petition the status & place of residence of both the parties before the marriage & at the time of filling of this petition, fifthly you have to mention the period of your separation before filing of this petition which in any case should be more then one year, sixthly you have to mention that both of you agreed for this divorce by mutual consent & this mutual consent has not been taken by fraud or force or any undue influence, seventhly you have to mention that there is no collusion between the parties in filling such a petition, eighthly you have to mention that this court has jurisdiction to entertain this petition, ninthly that there is no unnecessary delay in filling this petion ,tenthly you have to mention there is no legal ground why this relief should not be granted, next you pray that this relief of divorce should be granted to you, both of you put your signatures, write a Para about verification of the petition & both of you sign this verification. Along with this joint petition you should even file affidavits singed by both of you & attested by the oath commissioner were you satisfy the facts mentioned in the petition as correct & best of your knowledge. You have to put necessary court fee stamp on this petition & even both your passport size latest photographs on the top of the petition, file this in the district court registry which will assign this petition to the designated family court of the district where both of you have to present on the first day of hearing. The family court judge will go through the petition & may ask you any question he/she likes regarding your marriage or married life, regarding you children, their custody & maintenance and alimony etc. You can even be asked incase you both are interested in any sort of family/matrimonial counseling during the period before this divorce is finally decided after six months statutory time period. Next a date for final hearing is fixed which can be any time after six months of filling of this petition but not beyond 18 months when again both of you appear & tell the family court your final decision if you both still want the divorce or reunite as husband & wife, if you tell that you still want divorce as there is no chance for any reconciliation the Family court will pass the order for divorce. This is the brief procedure one has to follow while taking divorce by mutual consent.
 
" The above answer is choosen as best answer by voters, so I am also feeling this one is a very good explantion and further felt, no explanation needed after this, hence copied from there and posted here."

With the permision of Mr. Vijay M., Lawyer, the above answer is posted by him on yahoo.com

https://in.answers.yahoo.com/question/index;_ylt=ArhUdfFp1kD26JmzmHWzvO.5HQx.;_ylv=3?qid=20070723025139AASKEmn 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register