Mutual Divorce in India
Mutual Divorce Law in India(Hindu Marriage Act 1955)
What the law says for divorce by mutual consent:
13-B. Divorce by mutual consent.-(1) Subject to the
provisions of this Act a petition for dissolution of marriage by a decree of
divorce may be presented to the District Court by both the parties to a
marriage together, whether such marriage was solemnized before or after the
commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that
they have been living separately for a period of one year or more, that they
have not been able to live together and that they have mutually agreed that the
marriage should be dissolved.
(2) On the motion of both the parties made earlier than six
months after the date of the presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said date, if the
petition is not withdrawn in the mean time, the Court shall, on being
satisfied, after hearing the parties and after making such inquiry as it thinks
fit, that a marriage has been solemnized and that the averments in the petition
are true, pass a decree of divorce declaring the marriage to be dissolved with
effect from the date of the decree.
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