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When a husband and wife both concur that they can no longer cohabitate and that divorce is the best option, they jointly file a petition for mutual divorce before the court without making any accusations against one another. This is known as a divorce by mutual consent or mutual divorce.

When a husband and wife both concur that they can no longer cohabitate and that divorce is the best option, they jointly file a petition for mutual divorce before the court without making any accusations against one another. This is known as a divorce by mutual consent or mutual divorce.

Mutual divorce

As long as both parties to the marriage give their approval in front of the court, the Marriage Laws (Amendment) Act of 1976, which was passed in 1976, can be used to annul any marriages that were performed before or after it. But for all these procedures there is a need of advocate who could deal with all this in peace and generate the result as per the client’s wish, Advocate Rohan Yemul is the best option in Mumbai for such matrimonial cases.

There has been a minimum of one year of separate living between the parties. It is questionable whether the legislators meant for the parties to live apart voluntarily or as a result of external forces like circumstance or position. But as long as the need of the parties' separate living under the same roof of the matrimonial house or in separate dwelling is met, it does not appear necessary for the court to look into that subject.

For whatever reason, the parties have been unable to coexist. In other words, they cannot be reconciled or adjusted to one another.
The agreement of dissolution of marriage has the free consent of the parties.
The petition may be withdrawn at any time by the parties. It appears that the petition may be withdrawn even at the request of one side within six months of the date it was presented.

A joint petition must be submitted in the relevant family court as the initial step. Both parties must sign this joint petition.

After the divorce petition has been filed, the second phase of the process is for both parties to appear in family court.

The petition and the documents submitted by the parties are then carefully reviewed by the court.

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