Mutual Consent Divorce by mutual consent, or mutual divorce, is when both husband and wife mutually agree that they cannot live together anymore and that the best solution is divorce. They present a mutual consent divorce petition jointly before the family court without putting forth any allegations against each other.
Mutual consent divorce is the fastest way to be granted a divorce in India, as other options linger for too long. The mutual divorce took place in two motions, namely the first motion and the second motion. The second motion usually takes place six months after the first motion.
Filing a Joint First Motion Petition:
Filing a Joint First Motion Petition typically refers to the legal process of submitting a request to a court by both parties.
The first step is filing a joint petition in the respective family court. The divorce petition contains a joint statement, or MOU, by both partners that they can no longer stay together due to their issues and differences. This Memorandum of Understanding (MOU) has the agreement to split, including child custody and support, property division, spousal support (if applicable), and any other relevant matters.
The appearance of both parties in court:
The appearance of both parties in court is often required in certain stages of legal proceedings.
The second step of the procedure is the appearance of both parties to the divorce in the family court after the petition has been filed.
In the context of a mutual consent divorce proceeding, the recording of statements and passing of an order on the First Motion
After the parties’ statements have been recorded on oath, the court passes an order on the first motion. After this, six months are given to the parties, and they still agree to get a divorce. After that, the parties are required to file the second motion.
Appearing for Second Motion:
Appearing for the Second Motion typically refers to the court hearing or appearance related to the finalization of a divorce or dissolution of marriage. The second motion is usually filed after the completion of the first motion.
After 6 months of the first motion or by the end of the reconciliation period, if both parties still don’t agree to come together and are looking for divorce, then the parties may appear for the second motion for the final hearing. This also involves the parties appearing and recording statements before the court. In a recent judgment, the Supreme Court categorically stated that the six-month period is not mandatory and can be waived off depending upon the discretion of the court.
The decision of the Court:
The decision of the court in a legal matter, such as a divorce or dissolution of marriage, is typically made after considering the evidence, arguments, and applicable laws presented by both parties. The court’s decision can vary based on the specific circumstances of the case and the jurisdiction in which it is being heard.
Based on the statements recorded by the parties and the particular facts and circumstances of the cases, the court gives the appropriate orders and dissolves the marriage. The court then passed the divorce decree, and now the divorce is final.
In a mutual consent divorce, there are two motions. First motion and second motion. The first motion can be filed immediately after the court permits divorce. After six months, a second motion is filed. However, the Supreme Court has given relaxation where the separation between spouses is around 18 months.
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