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Divorce by Mutual Consent Step by Step Procedure Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months.
For Court Marriage the bride should be of 18 years or more and the groom should be of 21 years or more. Documents required for Court Marriage are Matriculation or School Leaving Certificates Adhaar or Voter Identity Cards Residence Certificate Passport Size Photographs The bride and groom gives notice of the intending marriage to the Marriage Officer in a prescribed form under Section 5 of the Special Marriage Act. The bride and groom submit all the relevant documents along with the application form. The notice of intending marriage is published by the Marriage Officer seeking any objection to the Marriage, if any. In the absence of any objection the marriage is solemnised in presence of three witnesses after the expiry of the 30 days objection period. Note The marriage can only be solemnized after 30 days and before 90 days from the date of the publication of the notice of intending marriage. The witnesses should be of 21 years or more and they are required to bring their identity cards. Contact
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