Mutual Divorce under Section 13-B of H.M.A is allowed only if both husband and wife are living separately for more than twelve months and are ready to obtain a mutual divorce with joint consent. To obtain a mutual divorce, the following steps are needed;
- Prepare mutual compromise deed and write down all the terms and conditions of Permanent Alimony, Child Custody, Stridhan, Regular Maintenance etc.
- Sign Compromise deed in the presence of Witnesses
- File Joint Petition of Mutual Divorce along with Exhibit/ Annexure of Compromise Deed, Marriage Certificate, Child Birth Certificate and Aadhar Cards of both.
- Appear in Court and tender first statement on oath. Next date will be fixed by the Honorable Family Court after a gap of six months for second motion statement
- After two weeks, both the parties have right to file application, seeking permission of the Honorable Court for condonation of six months cooling period. The Honorable Court may or may not allow this application, based on the length of litigation among both the Petitioners.
- Tender second statement of motion on the next allotted date in the family court.
- Apply certified copy of Divorce decree after 7 days.
See blog on cruelty, adultery, and desertion.
For Contested Divorce on the ground of Cruelty , Adultery, Desertion visit blog
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