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    Divorce - Hindu Marriage Act

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    Anjani
    Divorce by mutual consent under Section 13B of the Hindu Marriage Act allows divorces if the couple has been living separately for at least one year, cannot live together, and mutually agree to divorce. The court will grant a divorce decree if the petition is not withdrawn within 6-18 months and the court is satisfied the marriage occurred and the petition statements are true. The process involves jointly filing a petition, appearing before the court, recording statements under oath, a 6-18 month waiting period, a second motion hearing, and granting a divorce decree if reconciliation is impossible.

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    Divorce - Hindu Marriage Act

    Uploaded by

    Anjani
    58 views2 pages
    Divorce by mutual consent under Section 13B of the Hindu Marriage Act allows divorces if the couple has been living separately for at least one year, cannot live together, and mutually agree to divorce. The court will grant a divorce decree if the petition is not withdrawn within 6-18 months and the court is satisfied the marriage occurred and the petition statements are true. The process involves jointly filing a petition, appearing before the court, recording statements under oath, a 6-18 month waiting period, a second motion hearing, and granting a divorce decree if reconciliation is impossible.

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    (10) Divorce- Hindu Marriage Act

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    Divorce by mutual consent under Section 13B of the Hindu Marriage Act allows divorces if the couple has been living separately for at least one year, cannot live together, and mutually agree to divorce. The court will grant a divorce decree if the petition is not withdrawn within 6-18 months and the court is satisfied the marriage occurred and the petition statements are true. The process involves jointly filing a petition, appearing before the court, recording statements under oath, a 6-18 month waiting period, a second motion hearing, and granting a divorce decree if reconciliation is impossible.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    58 views2 pages

    Divorce - Hindu Marriage Act

    Uploaded by

    Anjani
    Divorce by mutual consent under Section 13B of the Hindu Marriage Act allows divorces if the couple has been living separately for at least one year, cannot live together, and mutually agree to divorce. The court will grant a divorce decree if the petition is not withdrawn within 6-18 months and the court is satisfied the marriage occurred and the petition statements are true. The process involves jointly filing a petition, appearing before the court, recording statements under oath, a 6-18 month waiting period, a second motion hearing, and granting a divorce decree if reconciliation is impossible.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    DIVORCE BY MUTUAL CONSENT

    Section 13(B) of the Hindu Marriage Act deals with divorce by mutual consent, subject to the
    following conditions:

    i. The parties must have been living separately for 1 year, or more.
    ii. The parties have not been able to live together
    iii. They must have mutually agreed to dissolve the marriage.

    The Court shall pass a decree of divorce declaring the marriage to be dissolved if:

    i. If petition is not withdrawn by the parties earlier that 6 months from the date of
    presentation of the petition, and not later than 18 months after the said date
    ii. If the Court is satisfied that a marriage has been solemnized
    iii. If the Court is satisfied that the averments in the petition are true

    PROCEUDURE TO FILE FOR DIVORCE BY MUTUAL CONSENT:

    1. Court to which the petition might be presented: District Court within the local limits
    of whose ordinary original civil jurisdiction:

    i. the marriage was solemnized, or

    ii. the parties to the marriage last resided together

    2. Filing a Joint Petition:


    A joint petition for divorce has to be presented to the family court by both the spouses
    on the ground stating that they have not been able to live together, have mutually
    agreed to dissolve the marriage and have been living separately for a period of one
    year or more.

    3. Appearance before Court:


    The parties will have to appear before the Court and present their lawyers. The court
    would critically observe the petition along with all the documents presented in the
    court.

    4. Statement under oath:


    After the petition is scrutinized by the court and it is satisfied, it may order the parties’
    statements to be recorded under oath.

    If the court is satisfied and the statements are recorded then the First Motion is said to
    have been passed.

    5. 6-18 months waiting period:


    The parties are to wait for a period of at least 6 months before the second motion.
    However, as was observed by the SC, the ‘cooling off’ period might be waived off in
    case the Court is convinced that the period would only ‘prolong their agony’ and all
    efforts of reconciliation have been futile.
    However, before waiving off the cooling period the Courts will consider whether or
    not matters regarding alimony, custody of children, and property have been settled.

    6. Second Motion:
    If the parties agree to go ahead with the divorce, they can appear for the Second
    Motion.
    This is when final hearings take place and statements are recorded again. If the issues
    of alimony and child custody (if any) are mutually agreed upon the decree of divorce
    is passed after the second motion.

    7. Decree of Divorce:

    If the court is satisfied after hearing the parties that the allegations in the petition are
    true and that there cannot be any possibility of reconciliation and cohabitation, it can
    pass a decree of divorce declaring the marriage to be dissolved. The divorce becomes
    final once the decree of divorce has been passed by the court.

    REFERENCES:

    https://www.news18.com/news/india/sc-cuts-down-waiting-period-for-divorce-under-hindu-
    law-by-six-months-1516453.html

    https://www.indiatoday.in/information/story/stey-by-step-procedure-to-file-for-a-mutual-
    divorce-1534492-2019-05-27

    https://www.latestlaws.com/articles/how-to-file-for-divorce-by-mutual-consent-in-india-by-
    divyansh-rathi/

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