Скачать или смотреть आपसी सहमति से तलाक कैसे लें | Divorced by Mutual Consent | By Aakash Sharma | Aakash Krishna LLB

आपसी सहमति से तलाक कैसे लें - Divorced by Mutual Consent in Hindi

#Section_13B in The Hindu Marriage Act, 1955

Marriage is seen as a sacred lifelong alliance; it is not merely a relationship between two people, but also between two families. Nonetheless, it is a relationship between two individuals, and because no human being is flawless, it is quite likely that two people will not feel compatible enough to live together for the rest of their lives. As a result, even in nations like India, where marriages are said to be formed in heaven, divorce rates are rapidly increasing. In these situations, it is usually preferable for a couple to divorce by mutual consent to prevent further disagreements and waste of time and money.

This article will primarily focus on the concept of divorce based on mutual consent. The provision of divorce on mutual consent is covered under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954.

Section 13B of the Act lays down the essential requirements and procedures for parties seeking a divorce based on mutual consent:

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 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 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.
On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in the preceding paragraph and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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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Disclaimer: The information contained on this channel (Aakash Krishna LLB) is for general information only and should not be construed as legal advice.

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