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Q.Divorce

Q. Divorce

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Vanaja Chitla

posted 2 months ago

Sir I want apply for divorce, me and husband both are ready sir what is the procedure can you help me sir
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A. Dear Madam,
Divorce with mutual consent will be faster may be within 6 months.
Shanti Ranjan Behera
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 2 months ago

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A. Please file divorce by mutual mutual consent u/s 13b of Hindu marriage act

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 2 months ago

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A. Want to send you Draft of petition for Mutual concern
Are you ready to pay and consult.
Sec 13 B Hindu marriage Act give right to file this petition before Court of family.Divorce granted by the Court Six Month from date of filing

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 2 months ago

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A. The procedure is easy and can be completed within 6 months. Just have to file a petition in family court where you are residing any advocate can help you with this. Yes, I can help you.

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Randheer Bahadur

Experience: 3 Year(s)

Responded 2 months ago

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A. Dear Madam,
You can file Mutual Divorce as follows.
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.

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A. The following steps should be followed
1. Visit a Divorce Lawyer
2. Agree on the terms and conditions of the divorce
3. Get the petition drafted
4. Get the divorce matter filed and get the date of the hearing
5. Appearance of the parties before the court
Thereafter you may/may not be granted the 6 month cooling off period
However, there is a SC judgement which has stated that if the parties to the suit do not want the 6 month cooling off period the court shall end the matter and grant the divorce in case of mutual divorces.
6. On the next date your matter shall be disposed off

It takes a maximum of 3-4 dates at max for disposal.
Hope this helped
Sheryash Mohta

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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