Mutual Divorce in easy language in HINDI
Channel: Gareeb-Akbar
Date: 2022-11-11

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Mutual Divorce in easy language in HINDI

Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution beingDivorce, they would present a Mutual Divorce petition jointly before the honorable court, without putting forth any allegations against each other.Requirements to be complied with for a Mutual Divorce:

1. The parties have been living separately for a period of not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation. But it does not seem necessary for the court to go into that matter, provided the condition of separate living under the same roof of the matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud, or undue influence, the court ought not to travel beyond the statutory condition of its jurisdiction.

2. The parties have failed for any reason whatsoever to live together. In other words, no reconciliation or adjustment is possible between them.

3. The parties have freely consented to the agreement of dissolution of marriage.

4. The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making an inquiry, the unilateral right of a party to withdraw the petition appears to be barred.