Mutual divorce process under Section 28 Special Marriage Act 1954
Mutual divorce process in Special marriages
Followings are steps of Divorce by mutual consent process under Section 28 as in Special Marriage Act 1954
First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.
Second – Court makes inquires and takes statement of Parties.
Third – Court passes and order. Gives parties cooling off period minimum of six months.
Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.
Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.
Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
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