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Important News

Important News

Mutual Divorce IN HINDUS

As per Hindu culture, marriage is a sacrament. It is a pious association of an adult Man and an adult Women, bound together for seven lives.

As society is developing at a pace faster than ever, Several beliefs, traditions, and customs have also changed drastically.

The Hon’ble Kerala High Court rightly mentioned: “There is no rose which has no thorns, if what you hold is all thorn and no rose, better throw it away”.

Thus to keep living a frustrated life, two individuals can put an end to a marriage mutually, happily and conveniently.

A Hindu marriage can be ended mutually as per the provisions of the Hindu Marriage Act, 1995, in few easy steps.

Step 1– Husband and wife should approach a lawyer to draft a mutual divorce petition (also known as first motion), and file it before the family court.

After filing the petition you will get a date (within a week) to appear before the Judge, Family court

Step 2– Husband and wife have to appear before the Judge, Family court and get their statements recorded, stating that they want to divorce through mutual consent.

The Judge, Family court will pass an order allowing the petition (also known as first motion)  

Step 3– After allowing first motion the parties have to wait for a statutory period of 6 months to file the second motion petition.

However, a period of 6 months can be waived if the following conditions are followed.

1. The parties are living separately for more than 1 year.

2. Issues related to maintenance, alimony, child custody, and other issues are resolved mutually.

If the above two conditions are fulfilled the parties can move petition (second motion) immediately.

Step 4-Husband and wife should approach a lawyer to draft another petition (also known as second motion), and file it before the family court.

After filing the petition you will get a date (within a week) to appear before the Judge, Family court

Step 5– Husband and wife have to appear before the Judge, Family court and get their statements recorded, stating that they want to divorce through mutual consent.

The Judge, Family court will pass an order allowing the second motion and hence the Husband and Wife will be now called Man and Women, thus divorced.

Some important facts for further clarity.
1. How many time you need to go to the court- Two times

2. What are the court fees- INR 25 for first motion, INR 2 for waiver of 6 months and INR 25 for Second Motion.

3. Get the certified copies of the order of First Motion and Second Motion.

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