How To File Mutual Divorce in Delhi
Filing for mutual divorce in Delhi involves a few steps according to the Hindu Marriage Act, 1955. Here’s a step-by-step guide to help you understand the process:
Mutual Divorce is the Simplest and Easiest Way to Obtain a Divorce in India. Mutual Consent Divorce is Granted by The Family Court when Both parties Husband and Wife Mutually agree to dissolve the marriage amicably.
Advantages of Mutual Consent Divorce: Mutual divorce in Delhi
Mutual divorce offers several advantages compared to a contested divorce. Here are some of the key benefits:
• Reduced Conflict: Since both parties agree on the terms of the divorce, there is less hostility and animosity, making the process more amicable.
• Less Emotional Stress: The mutual agreement reduces the emotional toll on both parties and children (if any), as it avoids the adversarial nature of a contested divorce.
• Quicker Resolution: Mutual divorces are typically resolved faster than contested divorces. Once the petition is filed, and after the mandatory waiting period (usually six months), the divorce can be finalized.
• Fewer Court Hearings: As both parties agree, there are fewer court hearings required, making the process quicker.
• Reduced Court Fees: With fewer hearings and a simplified process, court fees are lower compared to contested divorces.
• Less Public Exposure: Mutual divorce proceedings are more private than contested ones, which often involve detailed testimonies and evidence that become part of the public record.
• Joint Decisions on Custody: Parents can amicably decide on joint custody or visitation rights, focusing on the best interests of the child.
• No Need for Detailed Evidence: Unlike contested divorces, where detailed evidence and arguments are required, mutual divorces require minimal documentation and proof.
• Ease of Filing: The paperwork for mutual divorce is simpler and requires less legal intervention, making it easier to handle.
• A peaceful way of Obtaining Divorce is mutual divorce.
Laws and sections for Mutual Divorce:
Mutual divorce process in Delhi
The laws governing mutual divorce in India are primarily outlined in the personal laws that apply to different communities. Here’s an overview of the legal provisions under various acts for mutual divorce:
Hindu Marriage Act, 1955
The Hindu Marriage Act, 1955, governs mutual divorce for Hindus, Buddhists, Jains, and Sikhs. The relevant section for mutual divorce is:
• Section 13B: Divorce by Mutual Consent
o Subsection (1): This section states that a divorce can be granted if both parties have been living separately for a period of one year or more, and they have mutually agreed that the marriage should be dissolved.
o Subsection (2): The parties must file a joint petition for divorce in the family court. After this, a six-month period (cooling-off period) is given to the couple to reconsider their decision. If they still wish to proceed after this period, they file a second motion, and the court can grant the divorce if it is satisfied that the marriage has broken down irretrievably.
Special Marriage Act, 1954
The Special Marriage Act, 1954, applies to all citizens of India irrespective of religion if the marriage is solemnized under this Act. The relevant provision for mutual divorce is:
• Section 28: Divorce by Mutual Consent
o Section 28 allows for divorce by mutual consent if the parties have been living separately for at least one year and mutually agree that the marriage should be dissolved. The process involves filing a joint petition and filing a second motion to confirm the intent to divorce.
Indian Divorce Act, 1869
The Indian Divorce Act, 1869, governs divorce for Christians in India. The relevant sections for mutual divorce include:
• Section 10A: Divorce by Mutual Consent
Parsi Marriage and Divorce Act, 1936
The Parsi Marriage and Divorce Act, 1936, applies to Parsis in India. For mutual divorce, the relevant sections are:
• Section 32B: Divorce by Mutual Consent
Muslim Personal Law (Shariat) Application Act, 1937
For Muslims, divorce laws are primarily governed by personal law rather than statutory law. However, mutual divorce under Muslim law can be categorized.
Requirements For Mutual Divorce:
Mutual divorce process in Delhi
The husband and wife mutually decided to be separate and mutually agreed on all aspects related child (if applicable), Property, etc. The husband and wife have been living separately for one year.
In the case of Christians, Two Years of separation is Prescribed.
This separation means no Congenial Relationship for the prescribed period, and the husband and wife mutually agreed to dissolve their marriage and know everything about issues after dissolving the marriage.
To File for mutual consent divorce the couple has to mutually agree on some facts before filing the petition.
Custody of child
Alimony
All expenses
Documents Required to File a Mutual Consent Divorce: Mutual divorce process in Delhi
Proof of Address of Both parties- Aadhaar Card/Passport/Electricity Bill/Ration Card (either one of them)
Marriage Certificate
Wedding Card
Marriage Photograph
Passport size Photographs
This is an exhaustive list and depends on the grounds of filing the divorce petition.
Procedure to File Mutual Divorce Petition: Process for mutual divorce in Delhi
Petition to file for Mutual consent divorce:
The First step is to File a Joint petition in the Family Court/District Court in the Correct Jurisdiction as per the file according to the already mentioned. the petition should contain that both are unable to live together and have mutually agreed to dissolve the marriage and that they have been living saperately for a period of one year or more. the petition is to be duly signed by Both parties.
First Motion:
After the petition is filed and accepted by the Court a date for the First motion is given.
The respective lawyer will present the Mutual petition before the Hon’ble Judge.
After examining the documents, the petition will be presented in court. The Hon’ble Judge may upon being satisfied direct the court to record the statements of the parties, then the parties need to record their statements and submit them before the Hon’ble Judge. The Court will then grant the first motion.
Cooling-Off Period:
After the Completion of the First motion and there was no any objection and parties still on same decision, a Cooling period of six months is given before the Second motion will be filed.
This period is given to the couple to reconsider their decision. If they decide to live together the couple may appeal before the court to cancel the mutual Divorce petition, which the court will happily do. However, the couple still on their decision to dissolve their marriage, go for a second motion.
Second Motion:
After six months of the first motion or at the end of the reconciliation period/cooling off period If both parties still don’t agree to live together. They may file for a second motion between a time frame of six to eighteen months.
After completion of the second motion, the couple will be given a final decree and now they are not husband and wife.
