Divorce by mutual consent

chittaranjan (Querist) 24 July 2018 This query is : Resolved
Could anyone kindly answer
Whether divorce can be obtained by agreement through mutual consent outside court in India (Hindu marriage act)? and
Can anyone please send a sample draft for divorce by mutual consent, they having a son about 16 yrs staying with his mother permanently for last 10 yrs as for Hindu marriage act ?

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Dr J C Vashista (Expert) 25 July 2018
What is your locus standie to the facts stated by you, which are quite vague??

Vijay Raj Mahajan (Expert) 25 July 2018
Divorce by mutual consent under section 13 B of the Hindu Marriage Act,1955 is filled and decided by the Family Court only. No other form of process being advices by touts sitting outside court premises correct or valid.
The agreement for going ahead with divorce in the court can be made outside court by both parties and that agreement made part of the divorce petition and case file to be presented in the Family Court of competent jurisdiction.

R.K Nanda (Expert) 25 July 2018
No is the reply to your question.
Only court can grant divorce order.

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