HOW TO FILE DIVORCE BY MUTUAL CONSENT | STEP BY STEP PROCESS | SECTION 13B OF THE HINDU MARRIAGE ACT

HOW TO FILE DIVORCE BY MUTUAL CONSENT | STEP BY STEP PROCESS | SECTION 13-B OF THE HINDU MARRIAGE ACT | HINDI
VIDEO BY MADHURI BAKSHI, IN THIS VIDEO I HAVE EXPLAINED -
1. Divorce by Mutual Consent
2. Conditions for obtaining Divorce by Mutual Consent.
3. Process of Obtaining Divorce by Mutual Consent.
4. Key Points to be kept in mind if you are planning to obtain Divorce by Mutual Consent.
In case you have any queries regarding Divorce or any other Matrimonial Dispute you can get in touch with my team at -
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JAI GURU JI.
OM NAMAH SHIVAYA SHIVJI SADA SAHAY, OM NAMAH SHIVAYA GURUJI SADA SAHAY
DETAILED DESCRIPTION
Divorce by Mutual Consent
Divorce by mutual consent means a Divorce which is filed amicably with the consent of both the parties. In a mutual consent divorce, the terms and conditions of Divorce related to the amount of alimony, maintenance, child custody, distribution of property etc. are decided by the parties amongst themselves and they approach the court only for obtaining a Decree of Divorce.
Divorce in India is a matter of Family Law and each religion is governed by its own personal laws. This video describes Divorce by Mutual Consent under Hindu Law.
As per Hindu Law, for obtaining a Decree of Divorce by Mutual Consent both the spouses have to jointly file a petition in the Family Court of competent jurisdiction under Section 13 B of the Hindu Marriage Act, 1955.
Also, as described in the video, divorce obtained through a notarized agreement or a Pachayati Decision/Agreement for Divorce has no value in the eyes of law and both the parties remain legally wedded until they obtain a decree of Divorce from the court.
Divorce by Mutual consent can only be obtained if the following conditions are fulfilled:
(i) There should be separation of atleast one year:
(ii) The parties have not been able to live together and there is an irretrievable breakdown of marriage
(iii) The parties mutually agree to get their marriage dissolved
Process of Obtaining Divorce by the way of Mutual Consent Divorce
1. Drafting of the Memorandum of Understanding/Settlement Deed.
The parties after obtaining good legal advice, can decide upon the terms and conditions of Divorce. Once the term and conditions are finalised, they put it into writing in the shape of MOU. In this video, we have shared the format for drafting the MOU.
2. Filing of a Joint Petition:
Both the parties have to file a joint petition under Section 13 B of the Hindu Marriage Act, 1955 before the Family Court of competent jurisdiction along with other supporting Documents.
The Petition can be filed before a Family Court under whose jurisdiction:
(a) the marriage was solemnized,
(b) the parties lastly stayed as husband and wife or;
(c) where either of the parties currently resides
3. Recording of the Statement of First Motion:
After filing the petition the parties have to appear before the Family Court and get their joint statement recorded stating that they are willing to obtain divorce as per the decided terms and conditions and that their consent has not been obtained by Force, fraud, coercion or misrepresentation.
4. Recording of the Statement of Second motion
After 6 months of the recording of the statement of First Motion (which could be extended upto 18 months), the parties have to get their statement of Second Motion recorded wherein they have to state that there is no change in the circumstances and that they are still willing to Divorce each-other as per the decided terms.
After the statement of second motion is recorded, and the court is satisfied the court will pass a decree of Divorce.
Can the Cooling -off period of 6 months be waived off?
Yes, in cases where the court is satisfied that the marriage has become totally unworkable and there is no scope of reconciliation, the court can waive-off the cooling period provided that the parties have been staying separately for a minimum of one and a half years.
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#youtubeadvocate #legalknowledge #indiandivorce #hindumarriageact #mou #familysettlement #compromise #familylaw #maintainencelaw

[@nikhilrajkapoor1523]

Concise and to the point information that clears all the doubts.

[@bakshiassociates8546]

Thank you so much

[@user-jc5wb5fp9l]

Bahut hi simple ways mai bataya ek aam inshan ko thank you thank you

[@bakshiassociates8546]

Thank you

[@rajeshkundra3735]

Excellent explanation of the process This firm has made laws simple for general public A great service to stressed public undergoing the legal process

[@bakshiassociates8546]

Thank you so much

[@parulsrivastava8642]

Very informative. Looking forward to more such videos. Keep posting! :D

[@bakshiassociates8546]

More to come!

[@atikshagirdhar2452]

Such an instructive video, Thankyou ma’am!

[@bakshiassociates8546]

Most welcome 😊

[@bakshiassociates8546]

Disputes pertaining to jewellery are difficult to resolve as the person in possession never accepts. But at the time of finalising the terms of divorce you can settle it with the wife, if she agrees to return then you can put it into writing else you can adjust the value of jewellery in the alimony amount

[@anmol7721]

Very Detailed, Thanks for explaining !

[@bakshiassociates8546]

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[@harshitabhatt9535]

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[@bakshiassociates8546]

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[@PrashantSharmaBamnikhera]

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[@bakshiassociates8546]

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[@mysillysuggestionsthatwork2790]

Excellent n detailed information

[@bakshiassociates8546]

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[@sadgigoyal4685]

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[@bakshiassociates8546]

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[@user-wr3sm7he7z]

Very informative..

[@bakshiassociates8546]

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[@bantimunshi5576]

Very good video thanks mam

[@bakshiassociates8546]

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[@MonikaArora-dm7wk]

Very Useful Information Ma'am👍

[@bakshiassociates8546]

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[@garimamohod]

To the point explained thank you ma'am

[@bakshiassociates8546]

@@garimamohod thank you

[@anilyadav-sb5gf]

Very nicely explained

[@bakshiassociates8546]

Keep watching

[@nikhildhawan95]

Best video for divorce cases on KZbin 👍🏻

[@bakshiassociates8546]

Thank you so much

[@priyankamehta8104]

Mam civil court Kolkata barasat k advocate bolte 13 b act abhi nh ayaa hai jb ki 6yrs Tak case chlaa maintanence li 8month fir mutual hua to mam fir 6month kyu jaldi kyu NH divorce certificate milta please koi ground ho to bolo mam

[@priyankamehta8104]

Mai koi demand v nh ki nh li bs mutual mera age b horaa mai jldi certificate divorce ka chahti hu kaise mileyga please hlp mee

[@sanyagulihar9298]

Very useful information 👏

[@bakshiassociates8546]

Glad you liked it

[@shilpadhaundiyal6157]

Very useful information 👍🏻

[@bakshiassociates8546]

Glad you think so!

[@shikhacreations5425]

Very well explained

[@bakshiassociates8546]

Keep watching

[@user-vo8tu1ve3r]

👍🏻👍🏻Great share ma’am….

[@bakshiassociates8546]

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[@rakeshchhetri7039]

Very informative and to the point explanation, best video in this platform.. I liked and followed this channel.. thank u mam..

[@bakshiassociates8546]

Thank you so much

[@PahadiRaiwasi]

Mam Nmste, meri shadi 27nov 2023ko hui laiken ab hum dono mutual divorce lena chahte hai. Mai china me job krata hu. Pls suggest

[@rudrachauhan8711]

Excellent job 👍

[@bakshiassociates8546]

Thanks 👍

[@ragr4974]

Madam Good information 👍 Thanks. Keep Doing More Related Videos.

[@bakshiassociates8546]

thank you. Keep watching

[@rohanlalchoudhary2238]

Good information mam 💯

[@bakshiassociates8546]

Thanks

[@dharmenderkumar-uw1is]

Good information mam

[@bakshiassociates8546]

Thanks a lot

[@mohinimalti11]

Good information

[@bakshiassociates8546]

Thanks

[@molirkitchen5462]

Thank u mam for guidance

[@bakshiassociates8546]

@@molirkitchen5462 anytime

[@rajkumarnathani6714]

Very good and informative video,my query is if wife takes all her jewellery along with some jewellery of mother in law and daughter, how i can get back that ,pl explain .thanks and regards regards

[@user-le5ft5ei9c]

Very nice

[@bakshiassociates8546]

Thanks

[@ashutoshdubey4604]

Thank you

[@bakshiassociates8546]

Most welcome sir !

[@dharmenderkumar-uw1is]

Best law firm in NCR👌👌

[@bakshiassociates8546]

Thank you

[@latha1adv]

Good explanation tjss as no u

[@bakshiassociates8546]

Most welcome !

[@makeupartistmohini]

Good information ❤❤🙌🙌

[@bakshiassociates8546]

Thank you so much!

[@chowdhary_monika]

Very well explained.. but format of Petition & MoU are not available in description box.

[@bakshiassociates8546]

You can drop a message on the numbers given below and we will share it with you.

[@kritiramudamu1862]

Can't find the formats in the description box

[@soccerstreet1997]

Best Law Firm In Faridabad 👍

[@bakshiassociates8546]

Thank you

[@arpitamaity3285]

Mam mutual divorce leke ki kinta din bad 2nd marriage kiya ja sakta hai......koi time boundation hai kya

[@lokeshmitter4279]

Video was good but background music was quite loude which was suppressing the voice of advocate

[@bakshiassociates8546]

thanks for the feedback.

[@ankitabhardwaj8591]

The best law firm in Faridabad, excellent work ma'am,very instructive video

[@bakshiassociates8546]

Thanks a lot

[@adldeeps24]

Out of court se better Mediation mei settle karne mei kya benefits hai

[@bakshiassociates8546]

Mediation is the best way to settle the dispute, issey parties ka time save ho jaata hai, “mediation” and “out of court” settlement ek hi baat hai Bas mediation main court se ek mediator appoint Ho jaata hai jo parties ko help karta hai settlement main aane ke liye.

[@dnyaneshwarkhade3617]

Informative video.Do hindu marriage act apply to schedule tribe candidates??can they mutuallly divorse as per hindu act??

[@bakshiassociates8546]

Yes! Hindu Marriage Act is applicable on all citizens who follow Hindu faith and have married as per Hindu customs. The act is applicable irrespective of the Caste(SC, ST, OBC or General)

[@dippatil9434]

Hello mam Is it necessary to mention 1st divorce order details in case of 2 nd divorce?

[@bakshiassociates8546]

Yes, you have to mention that.

[@Im_unknown-4u]

Phir (mutual) v isme females benefit me rehti hain ,

[@bakshiassociates8546]

@@Im_unknown-4u amicable settlement/mutual main dono parties ka hi benefit hota hai.

[@Im_unknown-4u]

@@bakshiassociates8546 mam mutual me husband ko paise dena wife ko zaruri hai? Mutual hai na?

[@deeps1166]

Liked your video.👍 My query is I gave money (some cash n cheques to contracter etc people) in renovation construction of husband's house, and property is in his father's name. How can I claim the amount given back (in mutualdivorce)?

[@bakshiassociates8546]

you can take the said money under the head of "COMPENSATION".

[@deeps1166]

@@bakshiassociates8546 Thank you for ur reply & valuable information.

[@bakshiassociates8546]

Thank you

[@sureshshrivastav3749]

After filling first petition we can talk with spouse any issue and other matters

[@bakshiassociates8546]

Yes yes. You can speak to your spouse.

[@latabarua2694]

Hi can you advise if wife has job and husband is unemployed. Does wife have to give maintenence. Also if child custody is with wife does wife have to give maintenance to husband.

[@bakshiassociates8546]

A husband can claim maintenance from his wife under Section-24 of the Hindu Marriage Act.

[@GauravKumar-tb6mr]

First motion main half payment dene ke bad , Second motion mai agar patni na aye to kya karna chiye

[@bakshiassociates8546]

Usually Settlement agreement/Mou/case petition main likhwa liya jaata hai ki agar second motion main wife naa aaye toh li hui payment wapas karni Parr jaati hai, also the same can amount to contempt of court and also a ground of ‘cruelty’ for contested divorce.

[@RAW_roamingaroundtheworld]

What about if people are living abroad?

[@bakshiassociates8546]

In case the parties are residing abroad then they can file the case using a power of attorney by assigning any of their relatives, also in many courts there is a provision to record statement through video conferencing, for details you can check other videos on my channel on this specific topic.

[@bigytmahakal1554]

How to prove 1yr separation?

[@bakshiassociates8546]

In mutual consent cases, the courts rely on the statement given by the parties, so if the parties say that there was 1-year separation then in that case the courts rely on the same.

[@pranaychoudhury2963]

Can we ask to pay the settlement amount after the second motion only, not pay half or anything directly to be paid after second motion?????

[@bakshiassociates8546]

you can pay half of the amount at the time of first motion and the rest at the time of second motion. if there is any FIR then some amount can also be paid at the time of the quashing.

[@pranaychoudhury2963]

@@bakshiassociates8546 yes that i understood but i am asking, can we ask the opposite party that we will pay money directly on second motion only, and nothing to be paid on first motion, can we do this in the Mou itself ? Is it possible?

[@sanjivniSingh-fh2rg]

Ma'am, I want to take divorce but husband is not agree to give. 22 years of marriage . He says you'll not get single penny. Feeling helpless...plz help.

[@bakshiassociates8546]

You can contact on [phone]

[@rishipradhan3633]

Respected Ma'am Section 13b mutual divorce ab naye kanoon में kis section mein daakhil होगा????

[@bakshiassociates8546]

section 13 B of the Hindu Marriage Act remains the same. that law has not changed.

[@SunilKumar-wn8tm]

Ma'am kya 1 saal se pehle bhi file kr sakte hai kya

[@bakshiassociates8546]

Hindu Marriage Act main marriage ke baad ek saal ka time hona zaruri hai kissi bhi tarah ka divorce apply karne main. Ussey pehle Seperation sirf Annulment file karke ho sakti hai.

[@pragatibhagat7353]

Kitane din lagenge petation delyavr

[@bakshiassociates8546]

6-18 months. Yeh time kum ho sakta hai agar aap waiving off the cooling off period file karo toh.

[@preeti8720]

Mam shadi ky kitny din baad divorce dy sakty h

[@bakshiassociates8546]

1 year ke baad.

[@avtar270]

Lack of emotional & physical support me kya ho skta hai, living separate since one year

[@bakshiassociates8546]

If both are willing for divorce then you can file it by the way of mutual consent else you will have to file a contested divorce.

[@avtar270]

​@bakshiassociates8546 how to contact you

[@priyankakharetiya2317]

Family member ki bhi need hoti h ya husband wife khud se hi divorcw le skte h ?

[@bakshiassociates8546]

Family members ki need nahin hoti, husband wife khud hi petition file karr sakte hai mutual consent divorce ki.

[@priyankakharetiya2317]

@@bakshiassociates8546 thank you ☺️

[@padmashreeganapathyraman5905]

Can divorce be off the court settlement?

[@bakshiassociates8546]

in the sense?

[@sanjaysalve1638]

Background music nahi hona chaiye tha video

[@bakshiassociates8546]

Will keep in mind For the next time

[@awadhdon]

After first motion wife denied & demanding more money as alimony?

[@bakshiassociates8546]

If it was mentioned in the Mutual Consent petition that the settlement amount has been fixed and if party backs out from them mutual consent then they would have to payback the money then this would never have happened. Please check the petition/settlement agreement if it covers such scenario or not; else you can seek indulgence of the court.

[@pihu9069]

Kya ladki mutual divorce me first petitioner ho sakte hai??

[@bakshiassociates8546]

Haan ji, Wife bhi Mutual Consent ke Divorce main First Petitioner Ho sakti hai.

[@pihu9069]

Thank you

[@deepaksingh-qc8bu]

I want to file divorce with mutual consent….

[@Drawing.king.10]

My husband deny toake marriage certificate

[@bakshiassociates8546]

you mean that he is refusing to get the marriage registered?

[@SUNITASINGH-cq7vw]

How to contact you?

[@bakshiassociates8546]

The contact details are mentioned in the description box. Feel free to reach out.

[@joysreedas6150]

How to contract you

[@bakshiassociates8546]

@@joysreedas6150 you can call on [phone]

[@surgeon4298]

Kerala high court said people can file mutual any time after marriage

[@bakshiassociates8546]

No, a minimum of 1 year of separation is necessary under Hindu Law. The judgment that you are talking about was passed by the Kerala High Court in the matter of a Christian Couple who had applied for divorce under The Indian Divorce Act.

[@aimanafrozalwi540]

Mam apse contact kaise hoga? I mean contact no.

[@bakshiassociates8546]

[phone]

[@babladas1980]

Women misuse

[@bakshiassociates8546]

This video is about mutual consent Divorce which has nothing to do with women misuse.

[@babladas1980]

@@bakshiassociates8546 in the name of mutual they demand more then what they should get

[@bakshiassociates8546]

@@babladas1980 not in every case.

[@satenderkumar1875]

Very nice

[@bakshiassociates8546]

Thank You !