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Mutual Consent Divorce

Mutual Consent Divorce
We provide for fast and cost effective mutual divorce in Delhi....

Section 13B of the HMA provides for Divorce by Mutual Consent

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Mutual Divorce in delhiWhat is Divorce by Mutual Consent?
Section 13B of the HMA Act 1955 provides for divorce by mutual consent.
The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

Under these circumstances a Divorce by Mutual consent can be filed.

Mutual divorce

 

5,012 Divorce Decree obtained as of 30/9/2013
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Mutual Divorce in delhiAdvantages of mutual divorce
Mutual Divorce Divorce By Mutual consent saves time, money and energy for both,
Mutual Divorce Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.

What is Divorce by mutual consent?

Divorce By Mutual Consent is as the name suggests is when both parties ie husband and wife come to a mutual understanding that the marriage be dissolved amicably.

How does it work:
In all there are two court appearances in a mutual divorce
 Divorce in delhi  First  A joint petition signed by both parties is filed in court .
 Divorce in delhi Secondly  In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
 Divorce in delhi Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)
 Divorce in delhi Fourthly  6 months after the first motion or  at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.
 Divorce in delhi Finally Divorce decree will be granted as the Hon'ble Court may deem fit.

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Mutual Divorce in delhi

File Your Mutual Divorce -
Call us Right Now at:
9650499965 / or email at: tapsash@legalserviceindia.com

Mutual Divorce in delhiWho will file and appear for you in court?
Choudhury's law office will present your Divorce petition before the Hon'ble court.

Choudhury's law office is one of Delhi's oldest law firm. Its a Fourth generation law firm with tremendous reputation on family law matters (marriage, divorce, maintenance, child custody, 498a, domestic violence, Sexual harassment etc). Servicing since pre independence era.

Your divorce will be personally handled by one of our reputed and well experienced lawyer.

The firm holds the reputation of providing quick and hassle free mutual divorce...

We appear in all Family courts in Delhi ie. Rohini Court, Patiala House Court, Dwarka Court, Saket Court,  Karkadoma Court and Tiz hazari Courts, in special cases we also appear in NCR Courts such as Noida Court.

* 3,930 Divorce Decree obtained as of 30/7/2012

Call us at ph no: +9650499965 / or email at: tapsash@legalserviceindia.com

Here are the list facts to be mutually agreed upon in the petition for Divorce by Mutual Consent:
Firstly: Custody of child;
Secondly: Alimony (lump sum maintenance to be decided between parties);
Thirdly: Returns of items (dowry, streedhan, etc); and
Fourthly: Litigation expenses.

The mutual consent divorce petition should also contain a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce.

The court will pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met:

 (a) A second motion of both the parties is made not before 6 months from the date of filing of the petition as required under sub-section (1) and not later than 18 months;

(b) After hearing the parties and making such inquiry as it thinks fit, the court is satisfied that the averments in the petition are true; and

(c) The petition is not withdrawn by either party at any time before passing the decree.

If the second motion is not made within the period of 18 months, then the court is not bound to pass a decree of divorce by mutual consent. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

In a mutual consent divorce petition, the marriage between the parties cannot be dissolved only on the averments made by one of the parties that as the marriage between them has broken down, that means Both parties have to agree to Divorce.


Divorce laws
To learn more about family laws here are a list of articles:

Mutual Divorce Divorce  Mutual Divorce Restitution Of Conjugal Rights   Mutual Divorce Recognition of Equality Marriage  Mutual Divorce Family Courts in India  Mutual Divorce Divorce under Muslim Law: Mutual Divorce Right to Abortion   Mutual Divorce Right of Abortion v. Child in Mother's Womb  Mutual Divorce Custody - Hindu, Muslim, Christian & Parsi Law’s Mutual Divorce Guardianship - Hindu, Muslim, Christian & Parsi Laws Mutual Divorce Adoption - Hindu, Muslim, Christian And Parsi Laws  Mutual Divorce Rights Of Second Wife 
Mutual DivorceSupreme court Judgments on:
# Sexual harrasment 
# Woman has no right to eye her mother-in-law's property for maintenance  # Police and court cannot impound passport but can seize it for at most 4 weeks  # Quash of 498a filed 10 years after customary divorce and alimony
#
Husband gets divorce on grounds of cruelty  # Quash of 498a citing abuse of court process (NRI)  # Customary payments, gifts not dowry  #
Requirements for a Foreign Divorce be valid in India 
# Crime against woman Judgments  # A.K Kraipak v. Union of India
Divorce New Delhi

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