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How To Get Divorce In 7 Days

  • Writer: lead India
    lead India
  • May 9, 2023
  • 3 min read

In our Indian society, the word "divorce" is still taboo because it is frequently associated with disrespect for the entire family. However, since they are more familiar with the dynamics of their relationship, divorce is preferred in cases where cohabitation is little more than a formality.


The Hindu Marriage Act of 1955 was amended in 1976 to add Section 13B, giving Indian citizens another legal option. Divorce by mutual consent enables spouses who are in agreement to end their marriage to do so without fuss and without engaging in a drawn-out legal process with certain pre- and post-conditions.


Section 13B: Hindu Marriage Act

The best course of action when both spouses agree they cannot cohabitate is to break their marriage amicably. They can then jointly file a Mutual Divorce Petition with the family court without making any accusations. According to Section 13 B of the Hindu Marriage Act of 1955, getting a divorce by mutual consent is regarded as being the quickest and easiest method in India.


Divorce by mutual consent is regarded as an affordable and painless process. Mutual agreement divorce is the ideal option if a couple wants to separate legally without conflict or a protracted court struggle. All Hindus are eligible for divorce by consent. Sikhs, Jain, or Buddhists


The Basics of a Mutual Divorce

  • The spouses must have been apart for at least a year, whether they were living in the same home as their husbands or in separate homes.

  • The parties cannot be reconciled or adjusted because they have disproven every single justification for cohabitation.

  • The decision to dissolve a marriage is subject to the spouses' free consent.

  • Six months after the petition's filing date, any party may withdraw the request for a mutual divorce.

How can you file for Divorce with Mutual Consent?

The procedure calls for filing a petition (under the virtue of Section 13B of the Hindu Marriage Act) before the court along with affidavits from both parties as an affirmation that they haven't been able to cohabitate as husband and wife for a year (or more, as the case may be), and as a result, give mutual consent to choose divorce. The provisions of a settlement relating to every right and obligation should be included in the mutual agreement, specifically-

  • Custody (which may be joint/shared, exclusive, or both);

  • Maintenance/alimony (no upper or lower limit set);

  • Cost of litigation; and

  • Property

The following places may be used to file for divorce in a district's family court-

  • Location of the marriage ceremony;

  • Location of the couple's most recent joint habitation; or

  • The location where a wife has been living at the time the petition is presented.

Steps Followed in the Process of Mutual Divorce

The filing of a divorce petition in accordance with Section 13 of the Hindu Marriage Act of 1955 initiates the amicable divorce process. There are two motions in the procedure.

  • Both parties must file a signed joint petition with the court. According to the partners' claims in their petition, they should be given a divorce because they can no longer coexist as a couple due to their disagreements. A settlement agreement is also created, dividing things like child custody and support.

  • Parties' Appearances in Family Court

  • The Court's Examination of The Petition

  • When satisfied, the court grants permission for statements made under oath to be recorded. After that, a decision regarding the first motion is made. A six-month window is offered after which the second motion must be resolved within 18 months of the first motion.

  • Mutual permission, which is the free permission of both parties, is the most crucial prerequisite for a mutual divorce.

  • The court will issue a final divorce decision following the hearing of the recorded statements and numerous unsuccessful attempts at reconciliation.

The primary benefit of such a mutually agreeable divorce is that it ends all pointless arguments and saves time. In the family court of their marital residence or in the courts of a city where the marriage ceremony was solemnized, the parties may file for a mutual divorce.


You will need the help of lawyers to help you deal with your divorce process. If you need the help of lawyers to assist you in the Divorce lawyers in Hyderabad, then Lawyers in Hyderabad can be hired.


If you need the help of lawyers to assist you in the Divorce lawyers in Indore, then Lawyers in Indore can be hired. Similarly, Lawyers in Jaipur can be employed if you need the help of lawyers to assist you in the Divorce lawyers in Jaipur.


At Lead India, you can consult and talk to lawyers for advice there. You can get free legal advice online as well as ask a legal question online for free to lawyers at Lead India.


Call Us: +91–8800788535


 
 
 

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