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Gopalakrishnan (Electrical Engg)     20 January 2013

Mutual divorce

Hi to all,

I am gopalakrishnan.actually my sister wants to get divorce from her spouse.we are going to apply for divorce with her acceptane.my sister husband is also ready to give divorce.both are separated more than two years.so i  request you to suggest what is the procedure for apply  divorce. if the divorce is mutual consen how much time it will take to get divorce.



Learning

 1 Replies

HK_Jain... (498a Fighter)     20 January 2013

Not before 6 months after the date of joint statement before Hon'ble Judge.

 

The Hindu Marriage Act,1955

 

 

13B. Divorce by mutual consent. —-

 

1[13B. Divorce by mutual consent. —(1) Subject to the provisions of this Act


a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, 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 that they have mutually agreed that the marriage should be dissolved.

 

(2) On the motion of both the parties made not earlier 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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 of the decree.]


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