divorce petition
Querist :
Anonymous
(Querist) 29 January 2010
This query is : Resolved
please advice hw shuld i start with a divorce case for mutual consent
shud i appear for both parties
hw long does it take for the case to get clsoed
kindl advice what are the steps to be taken frm the beginning
Querist :
Anonymous
(Querist) 29 January 2010
pls help me with the procedure to file the divorce petition for mutual consent,
Sachin Bhatia
(Expert) 29 January 2010
Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.
The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.
A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.
Guest
(Expert) 30 January 2010
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