MUTUAL CONSENT DIVORCE




There is a saying if your marriage is not going in fruitful way, it is better to get rid of it. I personally never recommend anyone to file divorce and dissolve your marriage, because the marriage is not only tie between two people but, it is meeting of two or more rituals, race, and caste etc. therefore I personally feel, marriage should not be dissolve, until and unless it is got no way to settle the issues.

       Sometimes the question arises, that, what is the procedure to get dissolve my marriage in descent way?  Where should I go to meet with the lawyer? What is the fee? What would happen in the court means what kind of the questions will be asked by the Judges to me? How many times have I to appear in the Court? Etc. these kind of questions arises in mind while go to the court to dissolve the marriage.   
      There is two way in Hindu Marriage Act of India to get dissolve marriage by the way of divorce are—
1.         By way of Mutual Consent Divorce U/s 13-B of Hindu Marriage Act, by filling a single Joint Petition by both the parties

2.      By way of filling the Divorce petition on some grounds given in Hindu Marriage Act for taking divorce,

Both the petition shall be filled before the Principal Judge Family Court or District Judge, as applicable in the law in force state to state.
      
   The following is the procedure to file the case in the court and all other ways to petition……..
a.     
               One year separation after marriage is compulsory before file this mutual consent divorce.

b.     When both the parties are ready to divorce, a single Joint petition u/s 13-B of the Hindu Marriage Act will be filled before the Principal Judge Family Court of the concern District or before the District Judge of the District as the law is applicable.

c.      In first hearing in the court, a joint statement will be signed and the court will allow the period of six months to settle the issue, minimum 6 and maximum 18 months in between petitioners can withdraw the petition, or file second motion petition.

d.     After six months again joint single petition called SECOND MOTION, will be filled before the same court and this time the statement shall be final and now the petitioners get divorce.


                   The above is all about to dissolve the marriage by way of Mutual Consent, of the parties. I strongly recommended the parties if your issues are not settle and do not want to live with each other, just file the mutual consent divorce and go to your peace full life.
                This article is written by ANIL SRIVASTAV ADVOCATE DELHI HIGH COURT   You can read my blog and reach to me on www.advocateanil.skynova.io or www.facebook.com/anilsrivastav89  mail me at anilandassociatess@gmail.com you also can call me to further advice or file the cases of this kind or any kind @ 9643831103 or 9716757592.

   
Location: Supreme Court, Mandi House, New Delhi, Delhi 110001, India

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