What Is The Procedure For Mutu
What is the procedure for mutual divorce under Sec: 13B of Hindu Marriage Act, 1955?
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Posted by: Anita Basu
Posted on: 2018-08-27
The spouses have to wait for one year from the date of marriage in order to file a petition for divorce. The couple will have to show that they have been living separately for one year or more and have not been able to live together as husband and wife before presenting the petition for divorce. The petition can be filed in family court of the city or district where partners lived together for last time or where marriage has been solemnized or where the wife is living at present. A joint petition needs to be filed in cases of divorce by mutual consent. The requirements which have to be complied for taking resort u/s 13B of Hindu Marriage Act, 1955 are: a. Parties living separately for a period of one year. b. Not able to live together. c. Mutually agreed by the parties to dissolve the marriage. There are two motions followed in this section firstly, the couple had been living separately for a year which will be immediately preceding the presentation of petition and secondly, cooling-off period of 6months but not more than 18 months is given with an intention to give time and opportunity to both the parties.
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