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anupam_advocate (n/a)     18 October 2007

Divorce by mutual consent u/s 13 B h.m.act 1955

u/s 13 B hindu marriage act 1955 : -

1.subject to he provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the family court or district court by both parties to a marriage together, on the ground that they have been living separately for a period of one year or more,that they have not been able to live together and they have muttually agreed that the marriage should be dissolved .

2.on the motion of both the parties made not earlior than six months after the date of the presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date , if the petition is not withdrawn in the mean time the court shall, on being satisfied after hearing the parties and after making such inquiry as it thinks fit, that the marriage has been solemnised and that the averments in the petition are true , pass a decree of divorce declaring the marriage to be dissolved with effect from the date oe the decree.


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 1 Replies

lawyer_rajiv (9811284735) (lawyer)     23 October 2007

divorce by mutual consent is the last stage in a matrimonial dispute.  the first and foremost responsibility of both the spouses is to resolve the matter amicably for the sake of children as a divorce ruins the life of the children. 

divorce by mutual consent is a remedy where the marriage has broken down irretrievably and all efforts have been made to save the marriage.

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