Procedure Of Mutual Divorce In Cuttack. Documents For Mutual Divorce In Cuttack

Dear Sir, The procedure in all the Courts are similar with some deviations. 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.

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Mutual Consent Divorce is the best way to dissolve a marriage without any hassle and without entering into litigation. Both the husband and wife apply for the mutual consent divorce by a joint petition. The terms and conditions like maintenance, alimony and child custody are mutually settled by the parties. The husband and wife appear before the court personally on the date of admission of the mutual divorce petition. The matter is then referred to the conciliation. The conciliator attempts his best to reunite the husband and wife and try to bring them to the main stream of Matrimonial life. In the event, the husband and wife denies for unification and desire for Divorce. Then the case is remitted back to the court for adjudication as per the Law. Evidence affidavits are filed on behalf of the Husband and wife. Evidence is then recorded after a lapse of six months from the date of filing of the Mutual Divorce petition. Then the decree of Mutual Divorce in terms of Section 13 B of the Hindu Marriage Act is passed thereby dissolving the marriage and the whole process is over. Documents required Adhaar or Voter Identity Cards Passport Size Photographs Marriage Certificate, if any Invitation Card

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

no hard documents other than id, photo, residence proof and marriage certificate

if both, husband and wife, agree then the mutual consent divorce petition can be filed,