Divorce by Mutual Consent
Divorce by Mutual Consent:
My wife and I have agreed to file for divorce by mutual consent. How long does it take to complete divorce proceedings in India?
Under the Hindu Marriage Act of 1955, both the husband and the wife have been given the right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.
A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least a year and have mutually agreed to dissolve the marriage.
The court then requires them to have a six-month cooling-off period before the family court disposes of the final petition.
This mandatory six-month period has been provided to allow couples time to reconsider their decision and ensure that they mutually want to end their marriage.
The conditions required under Section 13B of the Hindu Marriage Act are as follows:
(i) Husband and wife have been living separately for one year or more.
(ii) that they are unable to live together.
(iii) and that both husband and wife have mutually agreed that the marriage has collapsed. Hence, marriage can be dissolved.
Documents required for divorce by mutual consent:
address and ID Proof of husband and wife,
Marriage certificate,
Marriage Card of both parties.
Passport-sized photographs of the couple
Marriage Photographs.
Spouses have been living separately for more than a year declaration.
Procedure to file mutual divorce in Delhi
1: First need to draft a petition with the reason for seeking a divorce and both parties mutually agree on it.
2: The petition is drafted and signed by both parties- file the petition jointly through respective lawyers before the family court, (Mutual divorce in Delhi).
3: After filing the petition, the court will examine the petition along with the documents and will pass an order to record a statement.
4: After that, a cooling period of six months is given to the parties in the hope of their reconciliation.
5: After completing a cooling period of six months, if there is no reconciliation, both parties need to appear for the final hearing and still want a divorce.
6: In the final hearing, the court passes the divorce decree.
Process of Divorce in Delhi. Do not take this article as legal advice- in your situation talk to your lawyer.
Get in touch with your lawyer, in your individual situation because things can be different as per circumstances, this information is for information purposes and this is not advice.