Does divorce need to be mutual?
Table of Contents
Does divorce need to be mutual?
Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year. Both husband and wife can apply for the divorce by mutual consent. Contested Divorce or divorce without mutual consent is filed without the prior approval of either of the spouse (husband or wife).
How Long Does mutual divorce take?
Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage….Synopsis.
| Mutual Consent divorce | VS | Contested divorce |
|---|---|---|
| Short duration (18-24 months) | Time taken | Time-consuming (3-5 years) |
| Single, common lawyer | Lawyer | Separate divorce lawyers |
Is second marriage possible?
Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. After 1955, with the help of the aforementioned provision and Section 11, Hindu Marriage Act, second marriages came be declared null and void ab initio.
Does second wife have rights to property?
Inheritance of the second wife A second wife has all the legal rights on her husband’s property, provided her husband’s first wife had already passed away or divorced before the husband remarried. Her children have equal rights on their father’s share as do the children borne of the first marriage.
How do I transfer my house from father to son?
Your father can transfer the property either by making a registered family arrangement to both of you as per desire. By this she cannot raise any dispute at any stage. Alternately he can transfer the property by executing a registered gift deed to both of you again as per his desire.
How ancestral property is divided?
The shares within the ancestral property are first determined for each and every generation and divided for the next generation. Moreover, properties acquired from mother, grandmother, uncle, or even brother are not the ancestor properties. And property inherited by will and gift also is not ancestral property.
