Author- admin
Date:July 3, 2022
Mutual Divorce Process, Mutual Divorce Procedure, Mutual Divorce Steps
Followings are steps of Mutual divorce process under Section 13B as in Hindu Marriage Act 1955
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 statements of the Parties.
Third – Court passes an 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 parties. The court makes inquiries for its satisfaction as to whether the marriage was solemnised and whether 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.
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.
Followings are steps of Mutual divorce process under Section 10A as in Divorce Act 1869
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.
Followings are steps of Mutual divorce process under Section 32B as in Parsi Marriage and Divorce Act 1936
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 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.
Third – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.
Unlike Hindu Marriage Act 1955 and Special Marriage Act 1955 there is no provision under section 32B of Parsi Marriage and Divorce Act 1936 for the cooling off period minimum of Six months.
Related read:
What is mutual consent divorce?
Pre- Conditions for mutual divorce in India
Divorce by mutual consent under Hindu Law
Divorce by mutual consent under Special Marriage Act
Divorce by mutual consent in Christian Law
Divorce by mutual consent under Parsi Law
Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net
Follow Us