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Writer's picturethelila500
Oct 6, 20223 min read

HOW TO SETTLE A DIVORCE CASE OUT OF THE COURT LEGALLY?

There is no legal way to settle a divorce out of court in India. Any kind of divorce obtained outside the court is illegal. You can settle a family dispute through mediation, however, if you wish to end your marriage, you will have to apply for a divorce through the court.


However, if both the parties have decided to go their separate ways, then to end the relationship in a peaceful way they can file for divorce by mutual consent. It is advised to seek legal advice from a Divorce Lawyer In Mumbai to seek information related to the provisions applied in your case. The following article explains the legal aspects of the mutual consent divorce as well as the procedure involved.


Section 13B- Divorce by Mutual Consent -

As provided under this Section of the Hindu Marriage Act, a petition to file for the dissolution of marriage by a decree of divorce can be presented to the District Court by the couple together. While drafting the divorce petition, an experienced Divorce Lawyer In Gurgaon should be considered. The following points should be kept in mind-

  • The parties have completely separated from each other as they were unable to stay together due to a lack of understanding and temperamental differences. Several steps were taken by the parties to sort out their issues, however, they have finally come to the conclusion to end their marriage.

  • The marriage has been broken irrevocably and irreparably.

  • The parties have not lived together as husband and wife for a period longer than a year.

  • The parties have voluntarily decided to end their marriage.

  • They have amicably decided about the maintenance, stridhan, and other similar property issues.

  • The parties have also agreed to withdraw any complaint or case pending before the court of law against their partner, which is or is not in the knowledge of the other party.

  • Such consent is not obtained by the parties by fraud, inducement or undue influence of any kind.

Where can you file the petition for mutual divorce?

Section 19 of the HMA provides for the jurisdiction of the court where the petition for a divorce by mutual consent could be filed. According to the provision of law, every petition under this Act can be filed in the District Court under whose original civil jurisdiction-

  • The marriage between the parties got solemnized

  • The respondent while filing the petition resides.

  • The parties last resided together.

  • If the wife is the petitioner, the place where she has been residing on the date the petition was presented.

Hence, the petition under Section 13B could be filed IN the family court of a district where either the marriage got solemnised, the parties last resided together, or at the place where the wife has been residing.


Stages/Procedure for the Mutual Consent Divorce -

  • The parties shall be living separately for a period of one year or more.

  • A draft for the settlement between the couple shall be prepared. It is advised to seek the assistance of an experienced Divorce Lawyer In Delhi for the same.

  • A joint petition is required to be filed in the court with the affidavits of both the husband and wife.

  • The statement under the First Motion would be recorded in the court of law.

  • A cooling-off period is provided by the court, so as to sort out their issues, in certain cases, this period could be waived off by the court.

  • The second motion is recorded by the court.

  • If the parties still wish to separate, a decree for divorce is passed by the court.

Benefits of divorce by mutual consent -

  • No unnecessary litigation

  • It is a speedy and effective solution

  • It is cost-effective as well as hassle-free

  • The parties themselves can decide the various conditions related to matters such as the custody of the child or the maintenance

  • The bitterness at the end of the divorce is would be the minimum in this case.

Lead India offers you a team of experienced advocates who have been successfully handling cases related to matters involving divorce, maintenance, custody of the child, judicial separation, etc. In case you seek legal advice or assistance for the same, you may contact us.


Call Us: - +91-8800788535

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