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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 13-B(2) of the Hindu Marriage Act for Dissolution of Marriage by Decree of Divorce with Mutual Consent" is used in India when both spouses mutually agree to end their marriage through divorce. It is an important legal document in the divorce process. Here's a brief guideline on its use and common mistakes to avoid:
Usage:
Mutual Agreement: Ensure that both spouses are genuinely willing to divorce mutually, as this application can only be filed when both parties agree.
Select the Correct Jurisdiction: File the application in the family court or jurisdiction where the marriage was solemnized or where either spouse resides.
Complete the Application: Fill out the application form accurately, providing the names, addresses, and details of both spouses and their mutual consent to divorce.
Attach Supporting Documents: Include documents such as the marriage certificate and photographs of the marriage ceremony as proof.
Witnesses: Have two witnesses present during the application process and ensure they sign the application and other required documents.
Common Mistakes to Avoid:
Lack of Genuine Consent: Ensure that both spouses genuinely agree to the divorce, as any signs of coercion or lack of mutual consent can lead to complications.
Incomplete Information: Provide accurate and complete details to avoid delays or rejections of the application.
Neglecting Legal Counsel: Consult with a family law attorney to understand the legal implications and requirements, and to ensure the application is properly drafted.
Missed Court Dates: Attend all scheduled court hearings and proceedings related to your divorce to avoid complications.
Non-Compliance with Waiting Period: Respect the six-month waiting period stipulated by the law, which begins from the date of filing the joint petition. Premature requests can be rejected.
Filing an application for divorce with mutual consent under Section 13-B(2) of the Hindu Marriage Act allows couples to end their marriage amicably. By following these guidelines and avoiding common mistakes, spouses can expedite the process and ensure a smooth and legally compliant divorce procedure.