As per the Hindu Marriage Act, 1955, both the partners to the marriage have a right to get their marriage dissolved by a decree of divorce on the grounds provided under the Section 13. If the divorce is filed by either of the partners to the marriage, it shall be called a contested divorce.
However, sometimes the couple may agree that they are unable to continue their marriage and finally file a joint petition to dissolve their marriage as has been provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent.
To file for a divorce petition either against your partner or for a divorce by mutual consent, the most important step you must take is to appoint adivorce lawyer in gurgaonor in your city. In case you wish to apply for a divorce by mutual consent, it is most important that you seek professional advice from an experienced divorce lawyer in mumbai.
Conditions mentioned under the Section 13-B of the Hindu Marriage Act-
i) The parties to the marriage have been living separately for a year or more.
ii) The partners are unable to live together.
iii) Both husband and wife have mutually agreed that their marriage cannot be continued any further and have decided to separate their ways. Under these circumstances only, mutual divorce
could be filed for in the court of law.
Where to apply for divorce-
A petition for dissolution of marriage could be filed in-
The court under whose jurisdiction the couple last lived.
The court under whose area of jurisdiction the marriage of the couple was solemnised
The court under whose jurisdiction the wife is residing at present.
Procedure for divorce by mutual consent-
I Filing the petition-
A joint petition for the dissolution of marriage must be presented by both parties to the marriage to the family court. Such a petition is required to be filed on the ground that the parties to the court marriage have been living separately for some time i.e. for a period of one year or more and have mutually decided to dissolve their marriage.
II Inspection of the Petition-
After the petition for divorce has been filed, the parties will have to appear before the respective family court.
The parties have to be represented by their respective lawyers or a single lawyer appointed by the couple.
The petition for the divorce and the documents submitted will then be observed by the court.
The Court could make attempts for reconciliation among the parties, but if there is no such possibility, the matter would then be forwarded for divorce proceedings.
III Recording of statements-
After scrutinising the petition, the court would then order for the statement of the parties on oath.
IV First Motion and the period of 6 months-
After the statements from the parties to the marriage are recorded, an order for First Motion would be passed by the Court.
The court would provide a six months period to the parties in order to cool down and to decide over the matter of the divorce once again with a calm mind, after which, if they still are in the favour of a divorce, they can file for a second motion.
From the date when the petition was filed, a period of 18 months at most shall be provided to file for filing for a second motion.
V Second Motion and the final hearing-
In case the parties to the marriage have decided to continue with the procedure for divorce, they can appear for a second motion, from there the proceedings for final hearings could be initiated.
The Supreme Court recently observed that the period of 6 months can be waived if the parties have mutually decided to separate their ways and are living separately for some time, if the court has reached the conclusion that the period of 6 months will only extend the sufferings of the parties, it can be waived off.
Therefore, if the parties to the marriage have settled their issues such as custody of the child or any other matter between the parties, including the financial settlements, maintenance etc., this cooling off period of 6 months can be waived off.
VI Decree of Divorce-
To apply for a divorce by mutual consent, the parties have to give their consent and there must be no difference in opinion over matters such as custody of child, alimony, maintenance, etc.
When the court is satisfied of the zero possibility of reconciliation amongst the parties, it shall pass a decree of divorce, declaring the dissolution of marriage.
Divorce is an important decision as is a marriage. Therefore, before you take the ultimate step, you are advised to seek the opinion of an experienced divorce lawyer in mumbai or the city where you have decided to file your case, so that you are aware of what you are getting into, what are the different options which are available to you as provided by the law.
Lead India offers you a team of experienced advocates who have been dealing with the cases involving divorce cases, matrimonial issues, child custody cases, etc. successfully over the years. Therefore, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
SOURCE:-
Visit us: — https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: — https://www.facebook.com/leadindialaw
LinkedIn: — https://www.linkedin.com/company/76353439
Twitter: — https://twitter.com/leadindialaw
Pinterest: — https://in.pinterest.com/lawleadindia
Instagram: - https://www.instagram.com/leadindialawofficial
Comments