Скачать или смотреть Divorce by Mutual Consent - Client Counselling

1) S.13B of HMA prescribes for Divorce by Mutual Consent.
2) A minimum of 1 year period of separation must be present before filing this petition for divorce.
3) It is incumbent on both the parties to resolve all the issues of dispute (Child custody, alimony, maintenance, property rights, etc) between them before filing the petition.
4) The petition is joint and both the parties file it together either in the Family Court having jurisdiction of the place where the parties got married or the place where they last resided together.
5) When first motion petition is filed by the parties, their statements are recorded first, then documents are exhibited and they are asked some questions pertaining to their consent, date of marriage, date of separation, any scope of reconciliation, etc.
6) A cooling off period of 6-18 months is given by the court to the parties after the first motion wherein the parties have the option of reconciliation or withdrawal of their petition. However, a second motion petition can be filed immediately after the lapse of 6 months and no later than 18 months.
7) According to Amardeep v. Harveen Kaur, CIVIL APPEAL NO. 11158 OF 2017, this statutory period of 6 months can be waived off on presentment of an application after the first motion.
8) In second motion, the same steps and processes are followed as in first motion.
9) Once the court is satisfied of the condition that there exists no scope of reconciliation and all the documents are verified, the marriage is dissolved by passing of the decree by the court.
10) Both the parties are free to remarry after obtaining the decree by the court.

Documents required: Address proof of both the parties, marriage proof (wedding certificate, invitation card, marriage photographs), passport sized photos, proof of separation may also have to be given, birth certificate of child, Consent term of both parties pertaining to all disputes like property rights, custody, alimony.
** No petition of divorce to be presented within 1 year of marriage according to S.14 of HMA.