Mutual divorce
4 years ago
My marriage is not registered. How can I apply for mutual divorce? Please tell me the process. Is there any minimum time required for initiation of this divorce process?
A.after 1 year of marriage u can apply for divorce..
In mutual consent divorce.. if both parties agree for divorce then in 6 months u will get divorce under sec 13B
In mutual consent divorce.. if both parties agree for divorce then in 6 months u will get divorce under sec 13B
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Shreyash Mohta
Responded 4 years ago
A.Mutual Divorce u/s 13B
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Kavery Anand
Responded 4 years ago
A.Dear client.. minimum after 1 year of marriage u can apply for divorce..
In mutual consent divorce.. if both parties agree for mutual consent divorce then in 6 months u will get divorce..
In mutual consent divorce.. if both parties agree for mutual consent divorce then in 6 months u will get divorce..
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A.Dear Sir,
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 If the divorce file is not withdrawn within 18 months,the court passes a divorce decree.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.
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.
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Swapnil S Bhalerao
Responded 4 years ago
A.Hello,
Both the paries must be willing for mutual divorce.
A period of 1 year must've been completed for your marriage.
Both parties must have irreconcilable grounds and reasons to separate.
Rest all the procedure to file will be explained to you by your lawyer.
Hope that helps!
Regards.
Both the paries must be willing for mutual divorce.
A period of 1 year must've been completed for your marriage.
Both parties must have irreconcilable grounds and reasons to separate.
Rest all the procedure to file will be explained to you by your lawyer.
Hope that helps!
Regards.
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