What is divorce by mutual consent?

What is divorce by mutual consent?

Under Section 13-B of the Hindu Marriage Act, 1955,both the husband and the wife have been given a right to get the divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.

When can the divorce by mutual consent be filed?

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Where to file the divorce petition?

According to sec 19 of Hindu Marrige Act 1955 every petition under this Act shall be presrnted to the district court whithin the local limits where both the partners lived together for the last time, which was their matrimonial home.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

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