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.
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