Mutual divorce
5 years ago
Me and my wife d decided I will not live together so I want 2 mutual divorce please tell me the procedure and child custody law I have two children 1 girl 10 years and 1 boy 8 years I am want the children with me
Rameshwar Dadhe
Responded 5 years ago
A.U should approach any local lawyer he will help you better for children coustody or maintenance or property
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Rajaganapathy Ganesan
Responded 5 years ago
A.In such circumstances, engage a lawyer who can help in arriving at a settlement with regard to child custody, maintenance and property matters. An agreement or a memorandum of understanding can be arrived at between the parties.
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A.Dear Sir,
You may go for mutual divorce which will be disposed within 30-90 days and follow the below procedure.
============================================================================================
Divorce by Mutual Consent Step by Step Procedure
Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.
PETITION UNDER SECTION 13 (1) (i-b) OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SUBMITTED AS UNDER:-
1. That The marriage between the parties was solemnized on ———at ————-, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ————————-. The particulars showing the details of the parties to the present petition is given hereunder:-
HUSBAND
BEFORE MARRIAGE.
Age Address Status
HUSBAND
AFTER MARRIAGE
Age Address Status
WIFE
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status
2. That there is no issue out of the wedlock of the parties. (or describe the name age and date of birth of the children and also described about the agreement about the custody of the children amongst the couple).
3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.
4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.
5. That the parties are residing separately since ______________ and there is no cohabitation between the parties since then.
6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.
7. That the party has decided to withdraw all the complaints, counter complaints against each other.
8. That the present petition is not being filed in collusion.
9. That there are no other divorce proceedings pending before any other court.
10. That the matrimonial home of the parties was at ————————–hence this court has the jurisdiction to grant the decree of divorce as prayed for.
11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent.
P R A Y E R
It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
You may go for mutual divorce which will be disposed within 30-90 days and follow the below procedure.
============================================================================================
Divorce by Mutual Consent Step by Step Procedure
Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months,the court passes a divorce decree. In case one of the sides withdraws the petition,the court initiates to make an enquiry. If the concerned side disagrees to give the consent,the court holds no right to pass the judgment.
PETITION UNDER SECTION 13 (1) (i-b) OF THE HMA FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT
MOST RESPECTFULLY SUBMITTED AS UNDER:-
1. That The marriage between the parties was solemnized on ———at ————-, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ————————-. The particulars showing the details of the parties to the present petition is given hereunder:-
HUSBAND
BEFORE MARRIAGE.
Age Address Status
HUSBAND
AFTER MARRIAGE
Age Address Status
WIFE
BEFORE MARRIAGE
Age Address Status
AFTER MARRIAGE
Age Address Status
2. That there is no issue out of the wedlock of the parties. (or describe the name age and date of birth of the children and also described about the agreement about the custody of the children amongst the couple).
3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.
4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.
5. That the parties are residing separately since ______________ and there is no cohabitation between the parties since then.
6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.
7. That the party has decided to withdraw all the complaints, counter complaints against each other.
8. That the present petition is not being filed in collusion.
9. That there are no other divorce proceedings pending before any other court.
10. That the matrimonial home of the parties was at ————————–hence this court has the jurisdiction to grant the decree of divorce as prayed for.
11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent.
P R A Y E R
It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.
Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Sunil Kumar Singh
Responded 5 years ago
A.Dear Client concern divorce could be filled u/S 13b.
Vidhikarya Lawyer
Thank you
Vidhikarya Lawyer
Thank you
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