We are discussing here Mutual divorce which is covered in Section 13b of Hindu marriage act. Is the easiest of Remedy to a husband & wife who does not want to live further together. It is called Mutual Divorce which means Husband & wife have Mutually agreed to live separately from each other upon certain terms & conditions which are presented in the court.
In Mutual Divorce process both the Husband & the Wife themselve or with the help of a lawyer draft certain points which could be :
- who will keep the custody of child.
- How they are going to divide their joint property.
- Permission for other person if he wants to visit the child.
- who is going to pay for child education.
- or any other points which they may think are necessary to disclose in the court.
after that the petition is Presented in Family court where the Principal family judge examines the Petition & Minimum 6 months divisible in First motion & Second Motion gives his order for the divorce.
I hope the above discussion will help in some aspects of Mutual Divorce process under Section 13 (B) Of Hindu Marriage Act.
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