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  1. Home
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  3. Legal Consultation For Mutual Consent Divorce in Hamirpur, Rampur

Legal Consultation For Mutual Consent Divorce From Expert Lawyers in Hamirpur, Rampur

Divorce is a golden key to legal cage of marriage as stated by J. Duncan M. Derrett in The Death of a Marriage Law. Fault or other ground based matrimonial litigation is time consuming as well as expensive. Further it ruins the relationship in the ongoing litigation. By introducing divorce by mutual consent the partners are willing to end the relationship where they see only misery and no happiness. The provisions have given enough safeguards to check the hasty and impulsive decisions like separation period before filing petition and a period before passing a decree. Only in Parsi Law there is no interregnum between filing of the petition and the decree. The court before allowing the petition makes necessary enquiries to ensure that the consent by parties is not given through force, fraud or undue influence and also that the couple cannot live together as husband and wife.

The time period can be waived by the court depending upon the facts and circumstances of the case. There are numerous cases where the court has waived off the period seeing the futile nature of the relationship. Through all the amendments, the ground of divorce by mutual consent is available under all the personal law statutes. For filing a petition for divorce by mutual consent the pre-condition of marriage registration certificate is not required. It was held in one of cases that the court has no jurisdiction to insist on a marriage certificate. In cases of divorce by mutual consent the court has to be concerned with only the voluntariness and free consent of the parties and not in any other extraneous considerations. The court has also allowed conversion of divorce or annulment or restitution petitions to divorce by mutual consent to cut the agony the parties are going through. The bar of delay is not applicable in cases of matrimony as there are several factors which can delay the proceedings and one example of this can be the interest of the children.

Therefore, it is suggested that the most amicable manner in cases of divorce is divorce by mutual consent. For Divorce by Mutual Consent at Hamirpur, Rampur. with the assistance of Lawtendo one can take help from the most experienced lawyers. It is a matrimonial relationship which goes through a lot of hardship in terms of child custody, alimony or maintenance. Therefore it requires utmost attention from the best lawyers. The experienced advocate would consider the sensitivity of time and also the hardship the couple must be going through. Lawtendo will help the couple who are seeking divorce through mutual consent in finding their kind of lawyers who are well experienced in their field of law. It keeps a database of such lawyers who can provide productive information.

Get a Legal consultation for Mutual Consent Divorce from expert lawyers in Hamirpur, Rampur on Lawtendo.com

How it Works

  • Our Lawtendo Partner lawyers will help you mutually file a divorce settlement
  • You must ensure that you have lived separately for a year before filing.Joint Statement and Affidavits will be required from both parties.
  • File First Motion and Second Motion (after 6 months)
  • There must be a clear agreement between parties on custody of children, return of ‘sthreedhan’, property, alimony, etc. – drafted perfectly and unambiguously by efficient lawyers.
  • Our partner lawyers will guide you in each and every step along the way.
  • Meet with your Lawtendo Partner lawyers

Get Free Response




FAQ

Mutual divorce filing under 13B. How soon can it be filed?

If each the parties i.e. the Husband and married person ar prepared, and therefore the documents ar prepared then the petition are often preapred in an exceedingly} day and therefore the same are often filed on the very next day ... Subject to the provision of each the parties and therefore the leader at the tribunal.

What is the procedure for filing mutual divorce

After the expiration of 1 year they will file a petition for mutual divorce before the territorial tribunal. however they have to say within the petition that they were separated one another one year previous or otherwise it'll be tough to get the decree.

What is the procedure for mutual divorce under muslim law

Under Muslim Law, there square measure 2 sorts of mutual consent divorce, namely: Khula and Mubarat.In each these forms, the partner agrees to half or dropping of her dower or a vicinity of another property.As per Muslim Law in a very case of mutual consent divorce, the partner has to pay some compensation for dissolving the marital union.

What is Mutual Divorce?

Under Section 13B of Hindu Marriage Act, 1955, all marriages solemnized before or after Marriage Laws (Amendment) Act 1976 can be annulled before the court if both the parties consent to divorce mutually with free will and consent. Prior to filing of the petition, both the parties should come to terms and conditions regarding alimony, maintenance, child’s custody right and education and other ancillary matters. Mutual Divorce serves to be the quickest relief for a failing marriage.

How to Apply for Mutual Divorce?

Both the parties on agreeing to certain terms and conditions mutually can file the petition in Family Court of the concerned jurisdiction. Parties can file their case either at the place of their marriage or place of their current residence mentioned on ID proofs going to be attached along with the petition. The petition is filed along with affidavit declaring the contents to be true and memorandum of understanding between the parties regarding child, maintenance, property/estate or other ancillary matters.

Is there a time limit to file the case?

Mutual Divorce can only be filed after a separation of one year post marriage owing to any reason whatsoever unless the separation is challenged itself which rarely is a case in mutual divorce as parties have agreed to get separated mutually. No divorce case- mutual or consented will be accepted by the court before the completion of 1 year of marriage.
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