Divorce By Mutual Consent, section 13 B

Whole process of divorce by mutual consent. First thing which you have to see under which Act your marriage was solemnized. In case you both are Hindus & married according to the Hindu Marriage Act,1956 then you both can apply for divorce by mutual consent under section 13-B of this Act. Now what are the things you have to take care in such petition for divorce by mutual consent :-

1. You can file any petition for divorce only after one year has passed for such a marriage,
2. You have to file a joint petition U/S13B of the Hindu Marriage Act,1955,it means you both have to sign it & stamp; verify it jointly,
3.  If you have any proof of your marriage e.g. marriage certificate etc you have to attach a true copy of such certificate with your petition,.
4.  You have to mention in your petition the status & stamp; place of residence of both the parties before the marriage & at the time of filling of this petition,
5. You have to mention the period of your separation before filing of this petition which in any case should be more then one year,
6. You have to mention that both of you agreed for this divorce by mutual consent & this mutual consent has not been taken by fraud or force or any undue influence.
7. You have to mention that there is no collusion between the parties in filling such a petition.
8. You have to mention that this court has jurisdiction to entertain this petition.
9. That there is no unnecessary delay in filling this petion .
10. You have to mention there is no legal ground why this relief should not be granted, next you pray that this relief of divorce should be granted to you, both of you put your signatures, write a Para about verification of the petition & both of you sign this verification. Along with this joint petition you should even file affidavits signed by both of you &, attested by the oath commissioner were you satisfy the facts mentioned in the petition as correct &, best of your knowledge.
You have to put necessary court fee stamp on this petition &, even both your passport size latest photographs on the top of the petition, file this in the district court registry which will assign this petition to the designated family court of the district where both of you have to present on the first day of hearing.
The family court judge will go through the petition &, may ask you any question he/she likes regarding your marriage or married life, regarding you children, their custody &, maintenance and alimony etc. You can even be asked incase you both are interested in any sort of family/matrimonial counseling during the period before this divorce is finally decided after six months statutory time period.
Next a date for final hearing is fixed which can be any time after six months of filling of this petition but not beyond 18 months when again both of you appear & tell the family court your final decision if you both still want the divorce or reunite as husband & wife, if you tell that you still want divorce as there is no chance for any reconciliation the Family court will pass the order for divorce. This is the brief procedure one has to follow while taking divorce by mutual consent.