Expert Answers to Your Divorce & Family Questions

Ans. Mutual consent divorce is the quickest and easiest way to end a marriage when both husband and wife want to separate.  Hindu couples usually file it under Section 13B of the Hindu Marriage Act, 1955 in India. The parties should decide matters like permanent alimony, child custody, visitation rights, stridhan, property, pending complaints and future claims before filing. The first motion is filed in Family Court, statements are taken and then the second motion is moved after the statutory period or after waiver depending on the facts. It is very important that the deed of settlement is properly drafted as the court will consider whether the consent is free, genuine and full.