Mutual divorce in Delhi
Divorce under Hindu law:- There are two ways of taking divorce- First Mutual Divorce- if both parties mutually agree to take divorce. Second Contested Divorce- if one party wants to take a divorce and one party does not agree to take a divorce.
Understand about divorce and mutual divorce:
Mutual divorce: Mutual divorce is governed by Section 13-B of the Hindu Marriage Act, 1955. In mutual divorce, both the parties, husband and wife mutually agree and express their consent to take divorce and want to live separately. The husband and wife have to mutually agree about issues relating to alimony and child custody (if required). Both should be living separately for one year before applying for mutual divorce.
Contested Divorce: Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion, and some others. In this situation, one spouse wants to divorce and the other does not agree to divorce. Those who want to take a divorce- can file a divorce in court on given grounds.
From where you can apply for divorce
A place where the marriage was solemnized.
A place where the wife resides.
Place where the parties last resided together.
If we talk about the mutual divorce process
Following is the procedure to file for 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 of cooling period of six months’ time, if there is no reconciliation, both parties need to appear for the final hearing and still want divorce.
(Parties have to appear for the second motion within 18 months from the date of filing the mutual divorce petition).
6: In the final hearing, the court passes the divorce decree.
Do not take this article as legal advice- in your situation talk to your lawyer.
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.
