divorce

Querist : Anonymous (Querist) 14 June 2010 This query is : Resolved
Sir,
If both husband and wife ready for the mutual divorce. Then what is the process and what is the minimum time period they will get the divorce.
thanx

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ARVIND JAIN (Expert) 14 June 2010
FILE PETITION U/S 13 B OF HMACT. MINIMUM 6 MONTHS PERIOD IS MANDATORY AS PER RECENT JUDGMENT OF SUPREME COURT.

Prakash Langalia (Expert) 14 June 2010
you can file petition for decree of divorce by mutual consent under section 13B of the hindu marriage act only after expiry of one year of the date of marriage. after 6 months from the date of filing of the petition, if after examination of evidence court finds that restitution is not possible and there is no collusion between the parties court may pass decree of divorce.

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