Divorce - inlaws issues

Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are: 1. The parties have been living separately for one year or more. 2. They have not been able to live together. 3. It was mutually agreed that the marriage should be dissolved. Documents Required For Mutual Divorce include a copy of the marriage certificate, a copy of the address proof of both parties, a copy of the income proof of both parties, a copy of the birth certificate of any children of the marriage, the Memorandum of Understanding (MoU), and the joint divorce petition. The primary purpose of an MOU (Memoranda of Understanding) in divorce proceedings is to provide a clear, enforceable understanding of what each party has agreed to before formalizing the divorce, and such an MOU should be well-informed and well-drafted by an expert counsel. Being a co-applicant of the loan, you can approach for its settlement of that loan before the submission of the divorce petition. Once the MoU is finalized, the couple can file a joint divorce petition in the Family Court. As per Sec. 13B(2) of the Act, after the presentation of the MCD petition, a cooling-off period of not less than 6 months is allowed, but not later than 18 months on motion of both parties. Until and unless a marriage is annulled by a decree of divorce, neither spouse can remarry. So, it is advisable to get the MOU well-drafted and process the MCD petition by an experienced Advocate to navigate all the issues in the right way.