The word "divorce form" is used to describe the ending of a marriage. If you and your partner choose to formally split because things are not going well and there are problems, you can submit a petition for divorce under the Hindu Marriage Act of 1955. To put it another way, a mutual consent divorce occurs when both couples agree to end their marriage by filing a divorce form.
Legal Provision:
When a marriage is completed in accordance with the Hindu Marriage Act of 1955, divorce cases must be filed in India pursuant to Section 13(B), which addresses mutual consent divorce. The conditions that must be met in order to obtain a mutual consent divorce are listed below:
It was necessary for the married pair to live apart for at least a year.
The parties must freely consent to the divorce and there cannot be any coercion, fraud, or undue influence.
There is no chance for the married couple to get along or adjust.
Procedure:
According to Section 19 of the Hindu Marriage Act of 1955, a petition for divorce can be filed with the appropriate court. It is indicated that a divorce petition can be submitted to the county's Family Court.
The marriage was conducted legally.
Where the wife lives is where the couple last lived together.
The process of getting a divorce with mutual consent involves several steps. According to Section 13B of the Hindu Marriage Act, filing a petition is the first step in the divorce process in India. Two motions are also used in this technique:
The initial stage entails submitting a joint petition to the relevant family court.Both parties must sign this joint petition. A joint declaration from both parties saying that they cannot cohabitate due to irreconcilable differences and should be granted a separation is included in the divorce petition. This statement also includes a division of assets, child custody, and other terms.
The second step in the process is for both parties to the divorce to appear in family court after the petition has been filed. The parties show up with their attorneys on the day the court specifies.
The court then reviews the petition and the papers made available by the parties. The authority directs the recording of the parties' sworn declarations when and if it is satisfied. The court attempts to reconcile the parties in certain situations. If the couple does not agree to reunite, the court starts the Mutual Divorce Draft and Procedure.
The court issues an order on the first motion after the parties' sworn statements have been recorded. The second motion must then be filed by the parties within a 6-month window after that. This must be presented within 18 months after the original motion petition's filing date.
After six months after the initial motion or by the end of the reconciliation period, if the parties have not reached an agreement to reconcile, they may present a second motion for the final hearing. The parties appearing in court and having their testimony recorded are also included. The Supreme Court recently made a clear ruling that the six-month timeframe is not necessary and might be waived at the court's discretion. The court won't grant the divorce decree if the second motion isn't filed within 18 months.
The primary requirement for granting divorce by mutual consent is the voluntary consent of both parties. In other words, even if the husband and wife have a perfect agreement for the winding up and the court is entirely satisfied, a decision for divorce by mutual consent cannot be obtained. Based on the declarations gathered by the parties and the particular circumstances that took place in the cases, the court makes directives or instructions and dissolves the marriage. The divorce decree was subsequently issued by the court via https://districts.ecourts.gov.in/, and the divorce form is now complete.
Divorce Lawyer in Cuttack can be appointed if the couple lives in Cuttack. Moreover, if the couple lives in Delhi then Divorce Lawyer in Delhi can be appointed. Divorce Lawyer in Gurgaon can also be appointed.
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