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STEPS TO GET DIVORCE THROUGH MUTUAL CONSENT UNDER Hindu Marriage Act

     

  1. Today we will discuss on the procedure of how to obtain a divorce quickly without any hassles. The same is governed under Sec 13(B)(1) and 13(B)(2) of the Hindu Marriage Act. The said provisions as mentioned herein, can also be referred to being the first and second motion respectively in legal parlance.
  2. In ordinary sense, mere thinking of divorce is a cumbersome process. However, if there comes a point where each of the spouse considers amongst themselves that their marriage cannot sustain further and it has to come to an end, the best possible route is first come to a mutual consensus with intervention of the family members and relatives. 
  3. Thereafter, in case the parties come to an arrangement, best thing to do is to reduce the same into writing in order to bind the parties to their respective promises. Once that is done, the next step is to file a case in the court of your jurisdiction under Sec 13(B)(1) of the Hindu Marriage Act, also referred as the FIRST MOTION. thereafter, both the husband and wife on the date fixed has to appear in person or through their attorney (in special cases) and depose their respective statements, after which the court shall pronounce the order.
  4. After obtaining the first motion, both the parties are given a time of 6 months (maximum being 18 months as per law) during which they can again think over their decision and in case they find that they shall give their marriage a second chance. However, in case both of them still stick to their decision of separation, they can file a case in the court of their jurisdiction under Sec 13(B)(2) of Hindu Marriage Act, also referred to as the SECOND MOTION. Once this is done, both the parties are legally separated and obtain a decree from the court of law.
THE JURISDICTION IN DECIDING AS TO WHERE THE CASE IS TO BE FILED IS GOVERNED BY THE FOLLOWING CRITERIA: -
a. Place where husband and wife last resided together, OR
b. Place where husband resides at present, OR
c. Place where wife resides after separation, OR
   
CONCLUSION 
It is no doubt true and is firmly believed since ancient times, that marriage is a sacred bond between two souls and thus getting separated by way of divorce was considered to be a sin. However, the values and the principles of people have evolved since times have changed and hence very often two persons who are living together fails to understand each other and there arise a need of separation. In other words, if two persons considers that they no longer cannot reside together under the same roof, it is their respective decision, however instead of separating by becoming enemies of each other, having hate for each other, one must try to resolve their disputes amicably through help of their friends and relatives, and even then if it is considered that they cannot live together, then they should try at least to get separated through mutual consensus by adopting the procedure as enumerated in this article. In such a way, both the parties can respectfully part their ways more quickly and without dragging each to a long and cumbersome litigation otherwise if not consented mutually.


 

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