HOW TO FILE DIVORCE BY MUTUAL CONSENT | STEP BY STEP PROCESS | SECTION 13B OF THE HINDU MARRIAGE ACT

HOW TO FILE DIVORCE BY MUTUAL CONSENT | STEP BY STEP PROCESS | SECTION 13-B OF THE HINDU MARRIAGE ACT | HINDI


VIDEO BY MADHURI BAKSHI, IN THIS VIDEO I HAVE EXPLAINED –

1. Divorce by Mutual Consent
2. Conditions for obtaining Divorce by Mutual Consent.
3. Process of Obtaining Divorce by Mutual Consent.
4. Key Points to be kept in mind if you are planning to obtain Divorce by Mutual Consent.

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JAI GURU JI.

OM NAMAH SHIVAYA SHIVJI SADA SAHAY, OM NAMAH SHIVAYA GURUJI SADA SAHAY

DETAILED DESCRIPTION

Divorce by Mutual Consent
Divorce by mutual consent means a Divorce which is filed amicably with the consent of both the parties. In a mutual consent divorce, the terms and conditions of Divorce related to the amount of alimony, maintenance, child custody, distribution of property etc. are decided by the parties amongst themselves and they approach the court only for obtaining a Decree of Divorce.

Divorce in India is a matter of Family Law and each religion is governed by its own personal laws. This video describes Divorce by Mutual Consent under Hindu Law.

As per Hindu Law, for obtaining a Decree of Divorce by Mutual Consent both the spouses have to jointly file a petition in the Family Court of competent jurisdiction under Section 13 B of the Hindu Marriage Act, 1955.

Also, as described in the video, divorce obtained through a notarized agreement or a Pachayati Decision/Agreement for Divorce has no value in the eyes of law and both the parties remain legally wedded until they obtain a decree of Divorce from the court.

Divorce by Mutual consent can only be obtained if the following conditions are fulfilled:
(i) There should be separation of atleast one year:
(ii) The parties have not been able to live together and there is an irretrievable breakdown of marriage
(iii) The parties mutually agree to get their marriage dissolved

Process of Obtaining Divorce by the way of Mutual Consent Divorce

1. Drafting of the Memorandum of Understanding/Settlement Deed.
The parties after obtaining good legal advice, can decide upon the terms and conditions of Divorce. Once the term and conditions are finalised, they put it into writing in the shape of MOU. In this video, we have shared the format for drafting the MOU.

2. Filing of a Joint Petition:
Both the parties have to file a joint petition under Section 13 B of the Hindu Marriage Act, 1955 before the Family Court of competent jurisdiction along with other supporting Documents.
The Petition can be filed before a Family Court under whose jurisdiction:
(a) the marriage was solemnized,
(b) the parties lastly stayed as husband and wife or;
(c) where either of the parties currently resides

3. Recording of the Statement of First Motion:
After filing the petition the parties have to appear before the Family Court and get their joint statement recorded stating that they are willing to obtain divorce as per the decided terms and conditions and that their consent has not been obtained by Force, fraud, coercion or misrepresentation.

4. Recording of the Statement of Second motion
After 6 months of the recording of the statement of First Motion (which could be extended upto 18 months), the parties have to get their statement of Second Motion recorded wherein they have to state that there is no change in the circumstances and that they are still willing to Divorce each-other as per the decided terms.

After the statement of second motion is recorded, and the court is satisfied the court will pass a decree of Divorce.

Can the Cooling -off period of 6 months be waived off?
Yes, in cases where the court is satisfied that the marriage has become totally unworkable and there is no scope of reconciliation, the court can waive-off the cooling period provided that the parties have been staying separately for a minimum of one and a half years.

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