Steps in a Mutual Consent Divorce U/S 13B of Hindu Marriage Act, 1955
Pre-Conditions [that are required for filing a Mutual Consent Divorce)
1) Husband and wife must be living separately for a period of 1 year or more.
2) That they are not able to live together.
3) That they have mutually agreed that the marriage should be dissolved.
Where to File?
1) Where you married each other... (I am sure you can remember this without looking at the wedding invitation card)
2) Where you last lived together...
3) Where the wife is residing at present... (Convenient if you're the wife... inconvenient if you're a husband reading this.)
How to File?
1) Hire a good lawyer. (Frankly, there is no getting around this. While this Party-in-Person may sound like a hoot and even if you had the court's permission, it's too much trouble on top of all that you're going through.)
2) File a joint petition before the Family Court.
3) Make your case before the presiding judge. Record statements under oath.
[Note: The Judge will attempt at reconciliation since marriage is not a contract under Hindu Marriage Act, but a sacrament. Thus, all attempts at reconciliation are open even at the day of passing the divorce decree.]
Of course, if the court decides that that is not possible, the matter proceeds further.
The First Motion
Once statements are recorded and the parties consent to the divorce, it is usually referred to as 'The First Motion'.
Cooling Off Period
After the First Motion has been granted, there is a cooling off period of 6 months before the Second Motion is granted.
The Second Motion
6 months after the First Motion has been granted, the parties are required to present themselves again before the judge and record their statements.
Divorce Granted !!!
P.S. - Kindly note that the husband or wife may withdraw their consent before the Second Motion is granted. And in case, you're wondering 'what happens then...', keep watching this space for more...
---
Dr. Mallika Nawal, [PhD, IIT Kharagpur]
Advocate, Patna High Court
mallika_nawal@yahoo.com
1) Husband and wife must be living separately for a period of 1 year or more.
2) That they are not able to live together.
3) That they have mutually agreed that the marriage should be dissolved.
Where to File?
1) Where you married each other... (I am sure you can remember this without looking at the wedding invitation card)
2) Where you last lived together...
3) Where the wife is residing at present... (Convenient if you're the wife... inconvenient if you're a husband reading this.)
How to File?
1) Hire a good lawyer. (Frankly, there is no getting around this. While this Party-in-Person may sound like a hoot and even if you had the court's permission, it's too much trouble on top of all that you're going through.)
2) File a joint petition before the Family Court.
3) Make your case before the presiding judge. Record statements under oath.
[Note: The Judge will attempt at reconciliation since marriage is not a contract under Hindu Marriage Act, but a sacrament. Thus, all attempts at reconciliation are open even at the day of passing the divorce decree.]
Of course, if the court decides that that is not possible, the matter proceeds further.
The First Motion
Once statements are recorded and the parties consent to the divorce, it is usually referred to as 'The First Motion'.
Cooling Off Period
After the First Motion has been granted, there is a cooling off period of 6 months before the Second Motion is granted.
The Second Motion
6 months after the First Motion has been granted, the parties are required to present themselves again before the judge and record their statements.
Divorce Granted !!!
P.S. - Kindly note that the husband or wife may withdraw their consent before the Second Motion is granted. And in case, you're wondering 'what happens then...', keep watching this space for more...
---
Dr. Mallika Nawal, [PhD, IIT Kharagpur]
Advocate, Patna High Court
mallika_nawal@yahoo.com
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