What Is The Procedure For Mutu
What is the procedure for mutual divorce under Sec: 13B of Hindu Marriage Act, 1955?
Free Legal Advice - divorce and alimony
Posted by: Anita Basu
Posted on: 2018-08-27
The spouses have to wait for one year from the date of marriage in order to file a petition for divorce. The couple will have to show that they have been living separately for one year or more and have not been able to live together as husband and wife before presenting the petition for divorce. The petition can be filed in family court of the city or district where partners lived together for last time or where marriage has been solemnized or where the wife is living at present. A joint petition needs to be filed in cases of divorce by mutual consent. The requirements which have to be complied for taking resort u/s 13B of Hindu Marriage Act, 1955 are: a. Parties living separately for a period of one year. b. Not able to live together. c. Mutually agreed by the parties to dissolve the marriage. There are two motions followed in this section firstly, the couple had been living separately for a year which will be immediately preceding the presentation of petition and secondly, cooling-off period of 6months but not more than 18 months is given with an intention to give time and opportunity to both the parties.
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My marriage happened in November 2019 , my wife was with me till January 31st 2020 however she had to go back to her parents' place after that. As in most of the arrange marriages she is not what one expects from a normal wife, she has been checking my phone , facebook account and what not. She even made a fake profile to have a Idk what kind of chat with me. She has been mentally harassing me to another level where I can't even begin to describe on this question. Frequent calls , messages just to post some random photos saying who is this and why is she standing next to you or why is your phone busy. This is being insane to the next level. I have had consumed alcohol in the past after marriage however I have never physically or verbally abused her or anyone yet she has been telling me that I will make a claim that you used to hit me which is impossible as I haven't . I agree that I shouldn't be consuming the substance without telling her or my family but it's not illegal to drink however what she is claiming is definitely against the law . I am too afraid to bring her back now considering what she might do in the future. I now need to check my options, I work as a sales executive with a monthly income of around 55,000 with no property of my own and had some personal loans a while back but I don't really have anything on my name to show except for a motorbike. She is a house wife, I wanted to understand in case of a divorce , what kind of an alimony request can I expect. There was no exchange of any goods or services in the marriage however both the parties have exchanged some form of Gold in the span of around 3-4 lacs from my side (My parents to her) and around 1 lac (Her parents to me). Kindly guide me , I am going insane . I have all the recordings of our recent talks also the whatsapp history where she is bluntly accusing me of things which I have not done like having an affair which is just blatant lie .
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