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Sundar (Doctor)     31 January 2013

How will the final judgment of 13b look like

Dear friends,

                      My wife and I got married in May 2008. After 2 years of living together, we realized, that we can no longer live together amicably and since June 2010 have been living apart. We want to go in for a Divorce by Mutual consent under 13 B. There is No issue born out of the wedlock, and Both of us have no claims, as both of us are well employed. Could someone kindly show me, as to how the final judgment  dissolving the marriage U/S 13 B will look like ?



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 January 2013

The procedure for seeking a divorce by mutual consent, is initiated by filing a petition, supported by affidavits from both partners, in the district court. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners, that due to their irreconciliable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, in their petition for divorce by mutual consent, are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses.The judge will announce in the open court that the marriage is dissolved and subsequently the written order will be issued.

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Sundar (Doctor)     31 January 2013

Thanks a lot for the information sir ,  and kindly pardon me, if my question was wrongly framed.. What i wanted was the format   or a Rough draft of the final judgment U/S 13 B ( 1 )..  Like i mentioned, in my case, we have no child, and have decided not to have any money ( alimony) we only want to part amicably from each other .If you could kindly show me.

Thanking you


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