How to file a divorce:-
You have to maintain these steps:-
Both the parties have right to get their main decision of divorce of hindu marriage in order to end their marriage.
In other ways, this agreement of divorce is mutually allowed under the special marriage act.
Following are the requirements set forth in Section 13B of the Hindu Marriage Act:
(i) The husband and wife have been living apart for at least a year.
(ii) Their inability to cohabitate.
(iii) In addition, the husband and wife concurred that the marriage had ended completely. so this marriage should end as the happy ending result of marriage. So divorce when it is done mutually should be done in the ways are as belows:-
According to the Indian legal system, the filing of a divorce petition is the crucial first step in the divorce process.
Where to submit a petition for divorce:
The petition of divorce which is completed by the parties who is involved in the divorce process and is going on the other party, so this is the first step of divorce process in india is as belows:-
According to the Hindu Marriage Act of 1955, you can submit a petition for a “mutual divorce” if both of them have to choose separated legally because of these problems:-
You can even petition for divorce if the other person is not willing to have a divorce- this is
termed, ‘Contested Divorce’.
Check out the process in detail in the event of a mutual divorce now:
Step 1: File a divorce petition.
The parties have to sign the agreement.
Step 2: Showing up in court and reviewing the petition.
Step 3: Issuing directives for the recording of oaths.
Step 4: The First Motion is approved, and a six-month waiting time is imposed before the second motion.
After statements are recorded the court will issue a first order.
After that both of parties have to give chance of 6 months of time, if they can change the decision after, they can adjust each other, otherwise court will issue 2nd order after 6 months.
Step 5: Final Hearing on Second Motion and Petition.
The Supreme Court recently ruled that the court might decide to waive the parties’ allotted six months of time.
Step 6: Divorce Decree:
So, the decision is confirmed for not carry on their marriage.
Our advocate B.Pramanik & Associates legal divorce in Kolkata will help regarding these matters of divorce.