A husband has the right requiring his wife to live with him wherever he may choose to reside. On the other hand, it is corresponding duty of the wife to live with her husband

Divorce by Mutual Consent: When both the parties i.e., the husband and wife are having temperamental differences and not possible to live together under a roof and mutually agree to obtain a decree of divorce, the courts will grant a divorce based on mutual consent. Mutual consent, the process will be relatively quicker and easier. The couple should prove that they have been living separately over a period of one year and that they are unable to live together. The material concept of a divorce through mutual consent is that matters such as children's custody, maintenance and property rights could be agreed to mutually. If the courts believe that there is a chance of reconciliation amongst the parties then it will order a duration of 6 to 18 months between the date the divorce petition is filed and the divorce decree is pronounced. It is important to note that living separately does not necessarily mean living in different locations; the couple only needs to prove that they have not been living as husband and wife during this period. Mutual consent petitioner is filed under Section 13B of Hindu Marriage Act, 1995. Divorce through mutual consent is relatively inexpensive and quicker than a contested divorce.

Withdraw of Consent

Husband and wife can withdraw the consent given for divorce by 'mutual consent' even before the expiry of the stipulated 18-month period and in such cases, a decree for divorce will not be granted.

Waving of period of Six month

Period for a normal divorce is about 6 months if someone has urgency and having documentary evidence the 6-month time period can be waived.

Documents Require To File Divorce in India
  • Address Proof of husband and wife
  • Marriage Certificate / Invitation Card / Photographs
  • Affidavit (Income & Expenditure )
  • Passport Size Photograph of the husband and wife
  • Divorce Proceedings will be handled by our Lawyers after Duly Signing VAKALTNAMA

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