How to file for mutual divorce in India?

In India, the process of filing for a mutual divorce is less complicated than that of a disputed divorce. An amicable divorce occurs when both spouses consent to the dissolution of their marriage. This is a detailed guide explaining the process of filing for a mutual divorce in India:

Steps to File for Mutual Divorce in India

Mutual Agreement:

Both spouses must agree to the divorce and the terms of separation, including child custody, division of property, and alimony (if applicable).

Prepare the Petition:

Draft a joint petition for divorce under Section 13B of the Hindu Marriage Act, 1955 (or relevant section under the Special Marriage Act, 1954 for inter-religious marriages).
The petition should include statements that both parties have been living separately for at least one year and that they have mutually agreed to dissolve the marriage.

Sign the Petition:

Both parties must sign the petition. It should also be signed by their respective lawyers.

File the Petition:

Submit the signed petition to the family court having jurisdiction over the area where either spouse resides.

First Motion Hearing:

The court schedules a hearing for the first motion. Both parties must appear in court with their lawyers.
The court reviews the petition and verifies the consent of both parties.
The court records the statements of both parties.

Cooling-Off Period:

After the first motion, there is a mandatory six-month cooling-off period to give the couple time to reconsider their decision.
In exceptional cases, the Supreme Court of India allows for this period to be waived, but it typically requires a strong justification.

Second Motion Hearing:

After the cooling-off period (six months and within 18 months from the date of the first motion), the couple must file a second motion.
Both parties must again appear in court.
The court reviews the case, verifies that there has been no reconciliation, and confirms the mutual consent for divorce.

Granting of Divorce Decree:

If the court is satisfied that all legal requirements are met and that both parties still consent to the divorce, it grants the divorce decree.
The decree dissolves the marriage legally, and the divorce is finalized.

Documents Required

Joint Divorce Petition: Signed by both parties.
Address Proof: Proof of residence for both spouses (Aadhaar card, passport, voter ID, etc.).
Marriage Certificate: Original or certified copy.
Photographs: Passport-sized photographs of both spouses.
Statements: Statements of both parties confirming mutual consent.
Income and Property Details: Information about assets, liabilities, and incomes (if required).

Benefits of Mutual Divorce

Speed: Faster than a contested divorce since both parties agree.
Cost: Less expensive due to fewer legal fees and court appearances.
Less Stressful: Amicable resolution reduces emotional stress.

Tips for a Smooth Process

Legal Advice: Even though it’s a mutual divorce, consulting a lawyer helps ensure all legal aspects are covered.
Detailed Agreement: Clearly outline all terms of the agreement to avoid future disputes.
Documentation: Keep all documents organized and accessible.

Conclusion

In India, the procedure of filing for a mutual divorce is less complicated, and faster, than filing for a disputed divorce. Couples can end their marriage peacefully and go on with their lives by according to the legal procedures and making sure that all agreements are agreed upon by both parties.

Contact Information: You may contact us for your queries for divorce, and mutual divorce. We are the expert and experienced team.

Lawsathi Consultation (LSC Lawyer) (Law Sathi Consultation)
Phone:- +91 7617 414 414
Email:- lawsathi@gmail.com
Website:- https://lawsathi.com

https://lawsathi.com

Leave a Comment

Your email address will not be published. Required fields are marked *

*
*

The rule of Bar Council of India prohibit law firms and advocate to advertising or soliciting in any form or manner. By accessing this website, www.lawsathi.com, you acknowledge and confirm that you are seeking information relating to Lawsathi Consulting of your own wish and that there has been no form of solicitation or advertisement by Lawsathi Consulting and anyone from Lawsathi Consulting. The content on/of this website is only for informational purposes. No material and information (video and content) provided on this website should be construed as legal advice. Lawsathi Consulting shall not be liable for any consequences of any action taken by relying on the material and information provided on this website. Do not use our any of material and information. The contents of this website are the intellectual property of Lawsathi Consulting.
Submit
close-link