Procedure of Divorce through Mutual Consent under Section 13B of the Hindu Marriage Act (HMA)
The Divorce by mutual consent is a process under Section 13B of the Hindu Marriage Act, 1955, which allows both spouses to mutually agree to dissolve their marriage. This method is usually quicker and less contentious than contested divorce cases. The process under Section 13B is designed to be amicable, provided both parties have agreed on all relevant matters such as child custody, alimony, and division of assets. Stepwise Procedure: Step 1: Filing the First Motion (Motion 1) The divorce process begins with the filing of the First Motion petition before the appropriate Family Court. This petition is jointly filed by both spouses. The petition must clearly state that: 1. The couple has been living separately for a period of at least one year. 2. They are unable to live together. 3. They have mutually agreed that the marriage should be dissolved. The petition should be accompanied by affidavits from both parties attesting to the above facts. Draft for the First Motion: IN THE FAM...