FAMILY
Divorce by Mutual Consent
Divorce by Mutual Consent
Ending a marriage legally is divorce and the easiest and the least traumatizing way to get a divorce and dissolve the marriage which is not working for either of the spouses is by mutual consent.
In a Mutual Consent Divorce a couple can mutually decide to dissolve their marriage under Section 13B of the Hindu Marriage Act, 1955. The consent of both parties is a key to this provision; therefore, if one or the other does not cooperate, the divorce cannot be granted. Our experienced divorce lawyers in New Delhi have been serving national and international clients to bring their dead marriage to an amicably end with the help of uncontested divorce. Even if both the parties have their consent for the dissolution of marriage, the help of an expert divorce lawyer is a must to navigate the procedure without hassles.
K.S Sawhney
Conditions which have to be met to seek divorce under the Hindu Marriage Act are as follows:
- The parties have been married for a year;
- They have been living separately for at least one year;
- They have not been able to live like husband and wife, i.e. the marriage has broken down irretrievably;
- They have mutually agreed that marriage should be dissolved.
Documents required for Mutual Consent Divorce
Marriage Cards or Marriage Certificate
- Marriage Photograph
- Two Passport Size photographs of both parties
- Adhaar Card and/or any other current address proof of both parties
- Birth Certificate of child( ifany )
Where to file the petition
Such joint petition is usually required to be filed before the District Court within whose jurisdiction the marriage was solemnized or where both the parties last resided together or where the Wife is currently residing. The presence of both the parties at the time of first motion and the second motion is mandatory.