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Mutual Consent Divorce under Hindu Marriage Act.

Section 13-B of Hindu Marriage Act,1955,

  1. Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
  2. On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Frequently Asked Questions

What is a mutual consent divorce?

A mutual consent divorce is a type of divorce where both partners agree to end their marriage amicably. This process typically involves filing a petition in court, and both parties must mutually consent to the divorce terms.

How can good divorce lawyers in Delhi assist with mutual consent divorce?

Experienced divorce lawyers can help draft and file the necessary legal documents, provide guidance throughout the process, negotiate terms, and represent you in court to ensure a smooth and efficient divorce.

What are the requirements for filing a mutual consent divorce in Delhi?

To file for a mutual consent divorce in Delhi, both parties must have been married for at least one year, agree on the divorce, and settle issues related to alimony, child custody, and property division.

How long does a mutual consent divorce take in Delhi?

The duration of a mutual consent divorce in Delhi can vary but typically takes around 6 to 18 months. The timeline depends on various factors, including court schedules and the complexity of the case.

What are the advantages of hiring good divorce lawyers for mutual consent divorce?

Good divorce lawyers offer legal expertise, ensure compliance with all legal formalities, help negotiate favorable terms, and can expedite the process, reducing stress and uncertainty.

How do I choose the right divorce lawyer in Delhi?

When selecting a divorce lawyer, consider their experience, specialization in family law, client reviews, and their approach to handling cases. A consultation can help you assess whether they are the right fit for your needs.

Is mutual consent divorce more cost-effective than contested divorce?

Yes, mutual consent divorce is generally more cost-effective than contested divorce. Since it involves less litigation and fewer court appearances, the overall legal fees and associated costs are typically lower.

Can I file for mutual consent divorce if my spouse is not in Delhi?

Yes, you can file for mutual consent divorce in Delhi even if your spouse resides elsewhere. However, both parties must agree to the divorce and be present for the court proceedings.

What if my spouse does not agree to the mutual consent divorce?

If your spouse does not agree to the mutual consent divorce, you may need to consider filing for a contested divorce, which involves a different legal process and may require more time and resources.

How can Leges Juris Associates help me with my mutual consent divorce?

At Leges Juris Associates, our team of experienced divorce lawyers specializes in mutual consent divorce cases. We provide personalized legal services, ensuring your rights are protected and the process is as smooth as possible.