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Mutual Constent Divorce procedure and Questions

There has always been confusion among new lawyers and general public at large about the procedure of divorce by mutual consent. The Hindu marriage Act provides the process of divorce by mutual consent whereby the parties i.e. Husband and wife can dissolve their marriage through a hassle free method.

As per section 13B of Hindu marriage act there are two steps to take the divorce by mutual consent; First step is to file a joint petition duly signed by the Husband and wife accompanying supporting affidavits and relevant documents. Such petition must mention that the husband and wife have been living separately for a period of one year or more; and also that the parties have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

The Second joint petition through respective counsels petition should be filed after six months of the order on the first motion petition. The second petition should have the order on the first motion and that the parties have already tried their best however the marriage has been irretrievably broken.

All the alimony, istridhan and custody of the children should have been amicably settled between the parties.

 

if you have any question related to the process, procedure of divorce by mutual consent

please ask.

The important words would be mutual consent divorce, first motion, second motion, istridhan, joint petition, hindu marriage act, family court

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Vikas Nagwan

Vikas Nagwan

Vikas Nagwan is an Advocate/Lawyer practicing in Supreme Court of India. Mobile no. 9999010507

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6 Comments

  1. nihar
    nihar January 21, 12:45

    If there is no dispute then what is the minimum time for the procedure of the mutual consent divorce?

    Reply to this comment
    • My Legal Advisor
      My Legal Advisor January 21, 16:47

      For first motion: Drafting filling and getting it listed before the concerned court would take at least 3-6 days.

      wait for six months then file the second motion

      for second motion:same 3-6 days.

      Time also depends upon the work load of the court as well.

      Reply to this comment
  2. kritika
    kritika January 21, 16:40

    my husband did not give me a anything in alimony and my in laws also kept all my belongings and istridhan. i live in jhansi, please suggest me a lawyer to pursue my case.

    Reply to this comment
  3. adv rajan
    adv rajan January 21, 16:41

    thank you, i want to file a joint petition on behalf of my client. please tell me how much court fee i have to pay.

    Reply to this comment
  4. kanchan
    kanchan January 26, 08:02

    hello. i want legal advice on mutual consent divorce.
    i got married in Januray 2013. my husband is australian citizen. we got married as per special mariiage act. now we got differences between us.. we want to get a divorce as fast we can. as he want to go to australia. he will not return to india again.
    is it possible to get divorce when only one partner is available in india? and what is fastest possible way to get divorce in my case.
    thank you all
    regards
    kanchan

    Reply to this comment
  5. niranjan
    niranjan February 08, 13:28

    my advocate is asking ₹ 40000 for my divorce as mutual consent. is it justified. What should be the advocate’s fee in such a case.

    Reply to this comment

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