Can divorce petition be withdrawn India?

Yes. You can withdraw the petition by taking the permission of the court that you can file fresh petition in future, then you can file it again in future if need arises.

How can you avoid alimony in mutual divorce?

Hello, In your case at it is a mutual consent divorce, if the parties agree that there is no need to pay any alimony, you don’t have to do so. You may pay a token sum towards alimony. Your wife will have to affirm in the affidavit that she is relinquishing her right to maintenance.

Can wife claim maintenance after mutual consent divorce and mutually agreed payment of lumpsum as final settlement?

Justice Paramjeet Singh has also ruled that a wife is not entitled to maintenance when the couple is residing separately after divorce by mutual consent, and has accepted lump sum amount of maintenance as a full and final settlement.

What is the law of mutual divorce in India?

Indian Laws for Mutual Divorce For mutual consent divorce, Section 13B of the Hindu Marriage Act, 1955, serves as the main guideline for the law. However, as per this law, to file for mutual divorce, the husband and wife must have lived separately for at least one year.

How to file for a joint divorce in India?

A joint divorce petition should be filed by both spouses at the District family court. The provisions under this law apply to all marriages solemnized in India. The spouses should have lived separately for at least one year. However, here living independently means that the husband and wife have not lived as a married couple.

Can wife claim maintenance after divorce by mutual consent?

In the case of divorce by mutual consent if the wife has abdicated her right to maintenance, then she cannot later claim for maintenance.

Is divorce by mutual consent the best way to get a divorce?

Such a relationship does not fall within the phrase live-in relationship or relationship in the nature of marriage, the Court observed. Divorce by Mutual Consent is one of the easiest and smoothest ways to get a divorce in India. Unlike in the West, divorce is still frowned upon in India.