Answer:
Mutual consent divorce is provided under Section 13B of Hindu Marriage Act, 1955, a husband and wife jointly file a petition in a court of law for the dissolution of marriage on the ground that they both have mutually agreed that their marriage be dissolved. This is a less antagonistic proceeding as both parties approach the court together instead of accusing the other party of matrimonial misconduct.
As per sub-section 1 of section 13B of the Hindu Marriage Act, 1955 (HMA), the couple must have lived separately for a year or more, are unable to live together and they both mutually agree that the marriage be dissolved.
The law provides for the second motion after the filing of the first petition. As per sub-section 2 of section 13B of the Hindu Marriage Act, 1955 (HMA), it states that such second motion is not made earlier than six months and not later than eighteen months of the presentation of the petition and if the petition has not been withdrawn, and the court is satisfied about the marriage and the statement of facts made, and the marriage can be dissolved by the decree of divorce.
The important issues connected to the marriage such as permanent alimony, maintenance, child custody, visitation, return of articles, property-related arrangements and closure of pending matrimonial cases should be settled amicably before going ahead and finalizing the divorce. All such issues have been dealt separately under the provisions of the Hindu Marriage Act relating to maintenance, custody, and property-related reliefs.
BK Singh is the Best Divorce Lawyer in Delhi/NCR to get justice for divorce mutual consent related matters. He can help you in review the terms of the settlement, in organizing the required documents, and finalizing financial, custody, and pending-case issues to avoid any further conflicts.
An effective settlement put together with the help of Adv. BK Singh can mitigate any future disputes and will ensure that both parties are able to part legally on a better note.
By Advocate BK Singh
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