Which section is applied for mutual consent divorce?
Which article and section can be use for mutual consent divorce?
It has provisions in the Hindu Marriage Act, 1955 in the form of section 13B. According to the aforementioned provision, mutual consent divorce by both parties can be claimed upon the basis of a joint application by the parties after separation between them for one year on agreeing that the marriage tie ought to be severed. The procedure further breaks up into two motions. The first motion is submitted jointly. Six months subsequent to which the second motion is moved to formalize the dissolution of the marriage. This provision specifically applies for marriages performed under the Hindu Marriage Act so that separation without blame is easily achieved.
Mutual consent divorce in India is governed by Section 13B of the Hindu Marriage Act, 1955. This section permits the couples to file a joint petition for divorce after staying separated for at least one year. The process consists of two motions: the first motion petition is filed together, and after the mandatory cooling-off period of six months, the second motion is filed to finalize the divorce. It applies to marriages solemnized under the Hindu Marriage Act, and its intent is to make separations on amicable terms without placing blame.
Sir, the section used for mutual consent divorce is 13 B of Hindu Marriage Act in which both the parties agrees to get apart from each other. It is advised to consult an expert lawyer who will assist you to file a petition of mutual divorce in family court. For further legal assistance contact us on our helpline number.
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