Divorce

Consent Divorce [CHRISTIAN]
Under section 10-A of Indian Divorce Act 1869 a joint Petition for divorce may be filed before the family court, by the husband and wife, on the ground that they have been living separately for a period of two year or more and that they have not been able to live together. Further they must mutually agree to dissolve the marriage. Only after 6 months from the date of filing, the court after hearing both the parties in person, would pass the decree for divorce.

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Consent Divorce [HINDUS]

Under section 13-B of Hindu Marriage Act 1955 a joint Petition for divorce may be filed before the family court, by the husband and wife, on the ground that they have been living separately for a period of one year or more and that they have not been able to live together. Further they must mutually agree to dissolve the marriage. Only after 6 months from the date of filing, the court after hearing both the parties in person, would pass the decree for divorce.
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Consent Divorce [SPECIAL]
Under section 28 of Special Marriage Act 1954, a joint Petition for divorce under Special Marriage Act may be filed before the family court, by the husband and wife, on the ground that they have been living separately for a period of one year or more and that they have not been able to live together. Further they must mutually agree to dissolve the marriage. Only after 6 months from the date of filing, the court after hearing both the parties in person, would pass the decree for divorce.

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Divorce by mutual consent

1. A petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

2. On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later that eighteen months after the said date, if the petition is not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true.

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