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    How to file divorce case?

    As per the Indian legal system, the process of legal divorce begins when a divorce petition is being filed by either party. If both the spouses have jointly made a decision to split according to the law of the land then either party can initiate mutual divorce according to the Hindu Marriage Act, 1955.

    Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.

    The conditions required under section 13B of the Hindu Marriage Act are as follows:

    1. Husband and wife have been living separately for a period of one year or more.
    2. That they are unable to live together.
    3. And that both husband and wife have mutually agreed that the marriage has totally collapsed.

      Hence marriage should be dissolved.

      Divorce process in delhi in hindi

      Under these circumstances, a Divorce by Mutual consent can be filed.

    Procedure to File Mutual Divorce

    Filing and serving divorce papers

    Divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse.

    The petition is then filed

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