Marriage | Law Answer Online https://lawansweronline.com Legal Advice From Law Experts Sat, 16 Apr 2022 07:30:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://lawansweronline.com/wp-content/uploads/2020/06/cropped-loogoo-32x32.png Marriage | Law Answer Online https://lawansweronline.com 32 32 What is the procedure for divorce by mutual consent under Hindu Law? https://lawansweronline.com/frequently-asked-legal-questions/procedure-for-divorce-mutual-consent-under-hindu-law/ Fri, 17 Jul 2020 11:24:31 +0000 https://lawansweronline.com/?p=946

Section 13 B of the Hindu Marriage Act, specifies the procedure for divorce by mutual consent. In cases, where both the parties involved want a divorce a memorandum of understanding needs to be drafted between the parties and submitted along with the petition for first motion before the Family Court.

mutual divorce

Contents of the Memorandum

  • Name, address, and particulars of the Parties, including the place where they last cohabited.
  • Date and venue of Wedding
  • Time spent living separately
  • Maintenance- monthly or lump sum
  • Child custody
  • Visitation Rights
  • Exchange of movable items and Stridhan
  • Distribution of mutually-owned immovable assets
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]]> What documents are required for divorce under Hindu Law? https://lawansweronline.com/frequently-asked-legal-questions/documents-required-divorce-under-hindu-law/ Wed, 24 Jun 2020 12:18:46 +0000 http://lawansweronline.com/?p=508

Following are the documents are required for divorce under Hindu Law:-

  • Marriage Invitation Card
  • Photographs of the Ceremony
  • Proof of Address of matrimonial home
  • Identity Card
  • Marriage Certificate(if marriage is registered)
  • Documents pertaining to medical history of spouse and child, as applicable to your case
  • Record of marriage counselling before Mahila Thana (if applicable)
  • Any other document relevant in establishing your case.

 

mutual divorce

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An individual can seek divorce under Section 13 of the Hindu Marriage Act, 1955, if after solemnisation of marriage the spouse does any of the following acts:-

  • Voluntary sexual intercourse with any person other than his or her spouse
  • Treats the aggrieved individual with cruelty, this includes mental emotional and physical abuse.
  • Has deserted the petitioner for a period of not less than 2 years.
  • Has ceased to be a Hindu and adopted another faith.
  • Spouse is of unsound mind and or intermittently suffers from mental disorder
  • If the spouse suffers from virulent and incurable form of leprosy
  • If the spouse suffers from venereal disease in communicable form.
  • Has renounced the world by entering any religious order;
  • Spouse is missing and it is unknown whether the spouse has been alive for 7 years.
  • If the couple have not resumed cohabitation for a period of 1 year since judicial separation or a decree of restitution of conjugal rights.
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