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SECTION 13(B) provided for divorce by mutual consent by presentation of the petition (first motion) in the District Court by the parties on the grounds that (1) they have been living separately for a period of one year or more, (2) that they have been unable to cohabitate, and (3) that they have mutually agreed that the marriage should be dissolved. SECTION 13(B) also provided for second petitions to be filed not earlier than six months after the first petition. With time, the Indian Courts encountered a number of these divorce cases in which the parties were adamant that their differences could not be resolved and would continue to exist even after the statutory cooling-off period of six months, which begins on the date the first petition or motion was filed. Case Laws: The Statutory Cooling Off Period was finally allowed to be waived off after taking into account some factors outlined by the Supreme Court of India in Re: Amit Kumar v. Suman Beniwal- SC judgement_11-Dec-2...

In a mutual divorce, both the husband and the wife agree to the divorce and the terms and conditions of the separation. This type of divorce is typically speedier and less expensive than one that is contested. The majority of couples decide to divorce peacefully to avoid drawn-out and expensive judicial fights. If both parties agree on the reasons for the separation, the court will typically grant the divorce without any problems. There is just one catch: both spouses must agree to every aspect of the separation in order for the mutual divorce to be finalized. This covers alimony, child custody, and property division. They must submit a contested divorce application if even one of their marital disagreements cannot be resolved.  Any couple who applies for a mutual divorce must adhere to the cooling-off period. The pair has the chance to reflect during this time and possibly reach an understanding. The typical six-month cooling-off period has a few exceptions. For instance,...

It is more harmonious if both parties agree on the termination of marriage peacefully rather than fighting in the courtroom and defaming each other. Under the virtue of Section 13B of the Hindu Marriage Act, they can file a joint petition in District Court, and the Court can give them a divorce. But if the couple changes their views and wants to save their marriage, in that situation, they can submit a petition with the court where their divorce is being handled, indicating that they would like to withdraw or cancel their divorce permission and give their relationship a second chance. If both spouses agree to withdraw, the issue can be settled amicably, and the court dismisses the petition. Remedies for the Cancellation of Divorce with Mutual Understanding The court will not provide a divorce decree if the spouses submit an application to the court saying that they do not plan on seeking Mutual Divorce Process . That is feasible while the case is on-going in court for six...

A divorce is started by one of the spouses (the " petitioner ") submitting a divorce petition, serving the petition against the other spouse (the " respondent "), and the respondent filing a written answer (and sometimes a counter-petition). Depending on your situation and the relief you want, the divorce petition may also be two pages long or 40 pages long. You are generally not obligated to sign the divorce petition unless you're representing yourself in court. Hence, you must inform your lawyer if you wish to see it before it is submitted to the court and served on your husband.  By law, the Petition must include specific material as well as certain claims made by the party. A divorce can be initiated in a way that establishes the tone for the rest of the case. Therefore this decision must be properly thought out. Initiation of a Divorce Case through Lawyers Filing of the Petition for Divorce- A divorce petition is the first step in the initiation o...

There is no denying that relationships may be extremely difficult. Knowing what to do when feelings of shock, rage, and resentment arise might seem painful. It might be difficult to even consider that your partner might be attracted to or otherwise associated with someone else, but it can be even more difficult to understand what to say or act on. The discovery of an affair by your spouse can be painful and put a lot of strain on your marriage. Sometimes it means that the marriage is over. Other times, partners work to mend their relationship, frequently strengthening it. If your partner has an affair, there are certain legal implications for you if you are married. Legal Considerations if your Partner is having an Affair Living Together- Relationship counselling may be a huge help in encouraging couples to communicate, work through their issues, and move forward. You must have the ability to inquire in order to assess what took place accurately. If you don't feel com...

It has been observed that in some divorce cases, parties could sometimes do or say anything to gain any advantage including making false allegations against his her spouse, including the charges of cruelty or adultery.  Sometimes, it could be difficult for you if you are on the receiving end of these accusations as you would have to answer them at some stage.  You have to deal with these false allegations- Dealing with divorce is already hard enough, in addition to having to face the false charges of adultery would make things way more difficult. If there are children involved, the situation would just aggravate badly, hence the need to clear these false charges at the very initial stage.  You would have to face these allegations smartly, before dealing with these charges you would have to think about response in a calm and planned way. It is thus advised to seek legal advice from an experienced divorce lawyer in Noida . Divorce lawyer in Kolkata or in...