Joint Petition For Divorce In Kerala
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FAQ
Process For Filing Divorce By Mutual Consent Filing of the Petition in the Family Court. ... Appearance before the Family Court Judge for First Motion for Divorce. ... Joint Statement on Oath. ... First Motion order is passed, 6 Months Time period is given for the Second Motion. ... Second Motion hearing and Final Decree.
As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years.
The Kerala High Court has held that in order to seek divorce by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955, there ought to be mutual consent of the parties when they move the court with a request to pass a decree of divorce, as well as at the time when the court is called upon to make an ...
Cost of Mutual Consent Divorce MCD involves both parties agreeing to end the marriage, and hence the legal process is relatively straightforward. The cost of MCD in India can range from INR 15,000 to INR 30,000, including the lawyer fees.
Documents are required to seek Divorce: Address proof of the husband and wife. Marriage proof. ... Passport size photograph of husband and wife. Affidavit of both the parties. Proof of living separately for more than one year. Proof of the failed attempt at reconciliation. Income tax returns for the last 2 to 3 years.