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Mutual divorce in India 2023 follows a simplified process, where both parties agree to end the marriage amicably. The couples need to jointly file a petition for mutual divorce, stating their decision to separate, and if the court is satisfied, the divorce can be granted.
Answer only. For instance, you might agree with paragraphs 1, 2, 3, 7, 8 of the complaint for divorce, but disagree with paragraphs 4, 5, 6 of the complaint for divorce. Write that in the Answer. This lets the judge and your spouse know what issues will need to be dealt with.
The court held that a marriage can be dissolved under Section 10 of the Indian Divorce Act, 1869. If either party, after the solemnization of marriage, does not cooperate to consummate the marriage and therefore the marriage has not been consummated, the other is entitled to divorce.
As per Section 13-B of the Hindu Marriage Act, after filing the first motion seeking divorce through mutual consent, the parties have to wait for a minimum of six months and a maximum of 18 months before moving the second motion.
Key Updates & Amendments in New Divorce Policy India 2023 under Hindu Marriage Act. As per Section 13B (2), when the couples file a mutual consent divorce, the court grants them a mandatory 6-months period so that they get sufficient time to think on their decision.