Mutual Consent Divorce

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Mutual Consent Divorce: under section 13B of the Hindu Marriage Act 1955 by filing a petition before the court, husband and wife who seek divorce by mutual consent can avail this procedure. In other words if husbands and wife both are mutually agree for peaceful divorce is called mutual Consent Divorce. This is a legally way of coming out of the marriage. Next important consideration of this Act is the child custody. It is also be worked out effectively between husband and wife, child custody can be shared or joint depending upon the understanding of the spouses.

When can mutual consent be filed for divorce?

Husband and wife have to show that they have been living separately for a period of one year or more than that from the date of presenting petition for divorce. They have to mutually agree that they are not ready to live together as husband and wife.

Where the petition can be filed?

District Court of the family where their matrimonial home is situated, petition will be filed for mutual divorce.

How to file Mutual Divorce Petition?

Mutual Divorce Petition can be filed in form of an affidavit to the family court. After filing such petition and recording the statement of both parties generally the court adjourns for the period of six months.

After the period of six months if both parties again confirm their mutual consent of divorce filed earlier. The court may grant decree of divorce after confirming the second motions of both parities..

Any of the partners are fully entitled to withdraw their mutual consent by filing an application before the court saying that he/she does not seek to divorce now during the period of 6 months.

In such situation the court stops decree of divorce with immediate effect.

There are different laws of divorce as per the religion of the couple. Hindu Marriage Act 1955 can be implemented only on Hindus which includes Sikh, Jain, Budha whereas Muslim, Christians are governed by Indian Divorce Act 1869 and Muslim Divorce is govern by Dissolution of Marriage Act 1939.

There are different laws of divorce depending on the circumstances, religions and other factors which need and efficient lawyer to resolve this matter. Legal Aid has always been committed to provide sustainable and effective decree under time-line to the clients.

  • Address proof of you and your partner (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license)
  • Marriage certificate
  • Photographs of the marriage ceremony
  • Proof that both partners have been living separately since a period of one year (for e.g. – delivery receipts of products, utility bills – gas, water, electricity, etc.)
  • Proof that all attempts to reconcile have failed. (for e.g. – invoice/ bill of a marriage counseling session, the copy of correspondences – email, letter, etc.)
  • Income tax statements of both partners for the last 3 years.
  • Proof of date of birth (photocopy of any of the following documents will suffice: passport, voter id card, Aadhar card, driving license, class 10 passing certificate)

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