Mutual Consent Divorce Process in India
Mutual consent divorce is a procedure where both spouses agree to dissolve their marriage amicably. This type of divorce is governed by Section 13B of the Hindu Marriage Act, 1955, for Hindus, and by Section 28 of the Special Marriage Act, 1954, for marriages solemnized under that act. The process involves two main stages and requires the consent of both parties. Here is a detailed guide on the mutual consent divorce process in India
Steps for Mutual Consent Divorce in India
Joint Petition Filing:
Both spouses must jointly file a petition for divorce in the Family Court. This petition should state that they have been living separately for at least one year and have mutually agreed to dissolve the marriage. The petition also includes terms of agreement regarding alimony, child custody, and the division of assets.
First Motion:
The couple appears before the court, and their statements are recorded. The court examines the petition, verifies the documents, and attempts to reconcile the parties. If the court is satisfied with the truthfulness of the petition and the voluntary nature of the consent, it will pass an order for the first motion.
Cooling-Off Period:
There is a mandatory six-month waiting period (cooling-off period) after the first motion. This period is provided to give the couple time to reconsider their decision. In some cases, the court may waive this period if it is convinced that there is no possibility of reconciliation and the separation is genuine and long-standing.
Second Motion:
After the six-month period, both parties must file for the second motion and appear before the court again. The court re-evaluates their decision to ensure it remains mutual and voluntary. If the court is satisfied, it will proceed to grant the divorce.
Final Decree:
Upon successful completion of the second motion, the court grants the divorce decree, legally dissolving the marriage. The divorce becomes final and binding from the date of the decree.
Required Documents
Joint Divorce Petition:
A petition signed by both parties outlining the grounds for divorce and mutual consent.
Proof of Marriage:
Marriage certificate or any valid proof of marriage.
Address Proof:
Aadhar card, voter ID, passport, or utility bills for both parties.
Proof of Separation:
Documents or evidence supporting that the couple has been living separately for at least one year.
Photographs:
Passport-sized photographs of both spouses.
Income Statements:
Income tax returns or salary slips of both parties (optional but helpful).
Details of Property and Assets:
Information on jointly owned properties and assets, if applicable.
Mutual Agreement:
A written agreement on matters such as alimony, child custody, and the division of property.
Fees and Costs
Court Fees:
The court fee for filing a mutual divorce petition is nominal, generally around ₹100 to ₹200, depending on the court’s jurisdiction.
Important Considerations
Consent: Both parties must agree to the divorce and its terms, including matters like alimony, child custody, and the division of property.
Cooling-Off Period Waiver: In certain cases, the court may waive the six-month cooling-off period if it is convinced that the separation is mutual and there is no chance of reconciliation.
Residency Requirement: At least one party should have been residing in the jurisdiction where the petition is filed for a minimum of six months before filing the petition.
Conclusion
The mutual consent divorce process in India is designed to be straightforward and amicable, provided both parties agree on all terms. By following the legal procedures, ensuring all necessary documents are in order, and possibly seeking legal counsel, couples can navigate the process efficiently and amicably.
Contact Information: You may contact us, we are the expert and experienced team to assist you and consult you.
Mutual Consent Divorce (Law Sathi Consultation)
Phone:- +91 7617 414 414
Email:- lawsathi@gmail.com
Common questions and answers
1- How to file for mutual divorce in India?
Filing for mutual divorce in India involves several steps, and it’s important to follow the legal procedures to ensure a smooth process.
Consultation with a Lawyer: Prepare Joint Petition: Gather Required Documents: File the Petition: First Motion Hearing: Cooling-off Period: Second Motion Hearing: Decree of Divorce: Execution of Divorce Decree:
2- What documents are required for mutual divorce?
Wedding Card. Marriage Photograph. Passport size Photographs. Financial Affidavits. Property Settlement Agreement. Parenting plan (if applicable). Proof of residence and other relevant document.
3- How long does mutual divorce take in India?
In India, the time taken for mutual divorce proceedings can vary depending on various factors, including court workload, completeness of documentation, and mutual agreement between the spouses. However, typically, mutual divorce in India can take around 6 months to 18 months or more to be finalized.
4- What is the procedure for filing mutual divorce in India?
Procedure of filling mutual divorce is very simple- If both the parties agreed for mutual divorce than they need to talk to lawyer who is experienced and expert in family matters. They will guide you proper.
5- What are the advantages of a mutual consent divorce?
Time Efficiency: Reduced Emotional Stress: Efficiency: Resolution: Saves Resources: Potential for Reconciliation: Cost-Effective: Privacy and Confidentiality:
6- What are the grounds for divorce in India?
In India, divorce can be granted under various grounds as specified by different personal laws applicable to different religions. Here are the commonly recognized grounds for divorce across different laws: Adultery: Cruelty: Desertion: Conversion: Mental Disorder:
7- What is fee for mutual consent divorce?
The fee for mutual consent divorce in India varies depending on several factors, including the court where the divorce petition is filed and the lawyer’s fees.
