What is the process to get Mutual Consent Divorce Decree?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 2 weeks ago.

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  • #4331

    Hi Sir,

    Please provide me a little clarification. How much time it will take to get divorce decree after second motion? Do I have to apply for divorce decree at some office OR is it automatically part of 13B petition ?
    I understand, my personal presence is required on first motion and second motion, but do I have to present for divorce decree also, OR it can be done via lawyer or my Family member with PoA ?
    Where do I have to apply for divorce decree, is this going to another case filing in the court and wait for date for appearance OR only done in Lok adalat ?
    Info on this regard would be much helpful, as I am not getting proper or correct details.

    Thanks.

  • #4337

    Once you have filed a petition for divorce on the ground of mutual consent, under Section 13-B of the Hindu Marriage Act, and if both the parties have already given their consent to the divorce on the second motion also, then the decree of divorce is passed by the court in the same petition. There is no need to file any separate petition or any separate case or any separate application. The very purpose of filing petition under Section 13B is to seek a decree of divorce. Therefore, there is no need for any separate application for getting the decree of divorce in such a case.

    In fact, Section 13-B itself lays down that after the second motion, “…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, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.”

    Though it is expected that you should remain present in court at the time of hearing of the matter, once you have remained present at the time of the second motion and given your consent, it should be possible for you to be represented by your lawyer and POA, and the court will generally permit it. In fact, it should not take much time for the court to pass decree of divorce after the second motion.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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