Asked in Divorce
one photo each id proof , address case will be drafted by advocate with terms and conditions as per your settlement maximum period is 6 months which can be waived off consult me for complete knowledge
Mutual consent divorce under section 13B of the Hindu Marriage Act, is to be applied before Principal Judge of Family Court, Cuttack, Orissa.
Divorce by Mutual Consent Step by Step Procedure Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months, the court passes a divorce decree. In case one of the sides withdraws the petition, the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the judgment.
Husband and wife jointly apply for Mutual Divorce. Both be the Petitioners in the mutual divorce petition. The petition is supported with a verification and affidavit. Additionally both the husband and wife are required to submit their marriage proof, invitation card, Adhaar or Voter Identity Cards, residence proof etc. After filing a case number is assigned. On the date of admission both the husband and wife need to appear before the Family Court with their Identity Cards for verification of the court. Case is then posted for conciliation. If the meditator fails to reunite the husband and wife to the main stream of Matrimonial life then a report of complete break down of marriage is sent to the Family Court. Evidence affidavits are filed on behalf of the Husband and wife. Evidence is recorded by Court on oath. If the Family Court is of the view that the marriage has broken utterly and the Marriage is irreparable then a divorce in terms of Mutual Consent as per section 13B of the Hindu Marriage Act is passed. I am dealing with Mutual Divorce in Cuttack, Odisha. For any further query you can contact me.
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