divorce by mutual consent in marathi

परस्पर संमतीने घटस्फोट म्हणजे काय? हिंदू विवाह अधिनियम, १३-बी 1955 अंतर्गत पती-पत्नीला दोघांनाही विवाह कलम १३-बी मधील एकापेक्षा अधिक मुद्द्यांवरील घटस्फोटाच्या निर्णयाद्वारे विरघळण्याचा हक्क देण्यात आला आहे. विशेष विवाह कायदा 1954 चे कलम 28 आणि घटस्फोट कायदा 1869 चे कलम 10 ए मध्ये परस्पर संमतीने घटस्फोटाची तरतूद देखील करण्यात आली आहे. हिंदू विवाह कायद्याच्या कलम १३- बी नुसार आवश्यक अटी खालीलप्रमाणे आहेतः
 (i) पती-पत्नी एक वर्ष किंवा त्याहून अधिक कालावधीसाठी विभक्त राहिले आहेत.
 (ii) की ते एकत्र राहण्यास अक्षम आहेत.
 (iii) आणि लग्न पूर्णपणे कोलमडले आहे यावर दोघेही पती-पत्नीने परस्पर सहमती दर्शविली. म्हणून विवाह विरघळला पाहिजे. अशा परिस्थितीत परस्पर संमतीने घटस्फोट दाखल केला जाऊ शकतो. भारतीय कायदेशीर प्रणालीनुसार घटस्फोटाची प्रक्रिया मूलभूतपणे घटस्फोटाची याचिका दाखल करण्यापासून सुरू होते. घटस्फोटाची याचिका कुठे दाखल करावी?
 १. घटस्फोटाचा घेणारे जोडप्यात शेवटचे वास्तव्य असणारे कोर्टाचे न्यायालय,
 २. लग्न जिथे संप्पन झाले आहे तेथील न्यायालयात .

 ३. सध्या पत्नी जिथे राहत आहे त्या न्यायालयात 

Divorce by mutual consent

Step by step procedure to file for a Mutual DivorceAccording to the Hindu Marriage Act, 1955; a petition for a 'mutual divorce' can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. you can even file for divorce if the other party is not willing to get a divorce- this is called, 'Contested Divorce'.What is Divorce by Mutual Consent?Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.The conditions required under section 13B of the Hindu Marriage Act are as follows:(i) Husband and wife have been living separately for a period of one year or more.(ii) That they are unable to live together.(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.

Where to file a divorce petition:1. The court can be one where couple seeking divorce last lived.2. The court can be one where the marriage was solemnized.3. The court can be one where the wife is residing as of present.The Hindu Marriage Act, 1955 gives the right to dissolve the marriage if you or your spouses are facing difficulties in marriage.The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one.According to the Hindu Marriage Act, 1955; a petition for a 'mutual divorce' can be filed if you and your spouse are facing difficulties and have decided to part your ways legally.You can even file for divorce if the other party is not willing to get a divorce- this is called, 'Contested Divorce'.Now check out the step by step procedure involved in case of Mutual Divorce:Procedure to be followed for a Mutual Divorce.Step 1: Petition to file for divorceFirstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.This petition will, then, be signed by both the parties.Step 2: Appearing before Court and inspection of the petitionBoth the parties will have to appear before the family court after the filing of the petition.The parties would present their respective counsels/lawyers.The court would critically observe the petition along with all the documents presented in the court.The court may even attempt to bring reconciliation between the spouses, however, if this is not possible, the matter proceeds for further follow-ups.Step 3: Passing orders for a recording of statements on oathAfter the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath.Step 4: First Motion is passed and a period of 6 months is given before the Second MotionOnce the statements are recorded, an order on the first motion is passed by the court.After this, a six months period is given to both the parties to a divorce, before they can file the second motion.The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.Step 5: Second Motion and the Final Hearing of petitionOnce the parties have decided to go further with the proceedings and appear for the second motion, they can proceed with the final hearings.This includes parties appearing and recording of statements before the Family Court.Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off.Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.Step 6: Decree of Divorce:In a mutual divorce, both parties must have given consent and there shall not be any differences left in the matters related to contentions regarding alimony, custody of a child, maintenance, property, etc.Thus, there needs to be complete agreement between the spouses for the final decision on the dissolution of marriage.If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved.The divorce becomes final once the decree of divorce has been passed by the court.

divorce lawyer in pune

Family cases in any for the disputes regarding,

1) Maintenance from the husband for wife and children’s,

2.) Custody of the child,

3) Restitution of conjugal rights,

4) Divorce for the couples by Mutual consent,

5) Divorce on the grounds i.e. cruelty, desertion, adultery, conversion to other religion,   renunciation of world and incurable disease.

6) Nullity and annulment of marriage,

7) Judicial separation,

8) Transfer petition from one district to other and one state to other state.

9) All types of legal notices regarding any type of family disputes.

10) Domestic violence cases from both the sides.