As provided under the Hindu Marriage Act, 1955, both the husband and the wife have a right to have their marriage dissolved by a decree of divorce on the grounds mentioned under Section 13. When a divorce is applied for by only one party, it is called a contested divorce. But sometimes the couple agrees that they are unable to continue with their marriage and files a joint petition for the dissolution of their marriage, as has been provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent. For further information on the subject, it is advised that you seek legal advice from an experienced divorce lawyers in gurgaon.
To apply for a divorce petition either against your partner or by mutual consent, the first and foremost step you have to take is to appoint a divorce lawyer in Noida or in the city you are residing in. It is most important that you understand the grounds for divorce, the procedure for divorce, or any other law related to divorce law, which could be explained by an experienced divorce lawyers in ghaziabad or the area where you are filing for divorce.
Conditions provided under Section 13-B of the Hindu Marriage Act
The couple shall live separately for one year or more.
They are unable to continue living together.
Both husband and wife have agreed that their marriage can’t be continued and have decided mutually to go their separate ways. Under these circumstances, a divorce by mutual consent could be filed.
Where to file for divorce
The petition for divorce from the partner may be submitted in
The court where the couple last lived
The court whose jurisdiction the marriage was solemnised under
The court where the wife is residing at present.
Procedure for divorce by mutual consent
To file the petition
Firstly, a joint petition for the dissolution of marriage has to be presented by both parties to the family court. The grounds for filing the petition could be that the couple has jointly decided to dissolve their marriage and has been living separately for at least a year.
II. Inspection of the Petition
After the petition has been filed, the parties have to appear before the family court.
The parties shall be represented by their respective lawyers.
The petition and the documents shall be observed by the court.
The Court could attempt reconciliation among the spouses; however, if there is no possibility for reconciliation, the matter shall be forwarded for divorce proceedings.
III. Recording of statements
After the court scrutinizes the petition, it shall order the statement of the parties on oath.
IV. First Motion and the period of 6 Months
After the statements are recorded by the court, the order for the First Motion will be passed by the Court.
A period of six months will be ordered by the court for the parties to cool down and to decide again about the matter of the divorce with a calm mind, after which, if they wish to still continue with the divorce, they can file for a second motion.
From the date on which the divorce petition was filed, a maximum period of 18 months will be provided for filing a second motion.
V Second Motion and final Hearing
If the parties have chosen to proceed with the divorce, they can show up for a second motion, which might start the process for the final hearings.
The Supreme Court recently held in a judgment that the period of six months could be waived off in case the parties have mutually decided to part ways and are living separately for some time.
Therefore, if the parties have settled their differences, such as the custody of the child or any other issue between the parties, including the financial settlements, etc., the period of 6 months can be waived.
Or when the court is of the opinion that forcing a six-month waiting period would only prolong their suffering, the period of six months can be waived off.
VI Decree of Divorce:
In a divorce by mutual consent, the most important condition for the parties is that they must provide their consent and there will be no difference in opinion on the matters related to the issues, including custody of child, alimony, maintenance, etc. Hence, the agreement between the partners must be there in relation to the dissolution of marriage.
If the court is satisfied that there is no possibility of reconciliation between the parties, it can pass a decree of divorce and declare the dissolution of marriage.
Divorce is as important a decision as marriage. Therefore, before taking the ultimate step, it is advised to seek the opinion of an experienced divorce lawyer in Hyderabad.or the city where you are opting to file your case, so that you will be aware of what you are getting into and what the different options are available to you as provided by the law.
Lead India offers you a team of experienced lawyers who have been successfully dealing with cases involving divorce, matrimonial issues, child custody cases, etc. Hence, if you wish to talk to a lawyer or seek free legal advice, you may contact us.
Visit us: https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: https://www.facebook.com/leadindialaw
Twitter: https://twitter.com/leadindialaw
Pinterest: https://in.pinterest.com/lawleadindia
コメント