Mutual Divorce in Delhi
Divorce under Hindu law: There are two ways of getting a divorce. Mutual divorce in Delhi.
1- First Mutual Divorce– if both parties mutually agree to take divorce.
2- 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. It is an easy and simple process, it can save time, expenses, and so on. Mostly couples who decide to live separately usually go for mutual divorce.
Mutual consent divorce: The couple needs to file a joint petition with a settlement deed and for more information about filing a mutual divorce, ask your lawyer who has experience in such matters they will assist properly.
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
There are three places from where you can file a mutual consent divorce.
1- A place where the marriage was solemnized.
2- A place where the wife resides.
3- 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 advocate will draft the petition and both parties need to sign. 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 for the parties in the hope of their reconciliation.
5: After completing of cooling period of six months. If there is no reconciliation, both parties need to appear for the final hearing and still want a 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.
Mutual Divorce Process in Delhi: Online Appearance
Online Appear:- there are so many questions arise about how to appear online for mutual divorce or appear online for mutual divorce-
Yes, if you can not come to court and have a valid reason for not appearing physically, there is a process for appearing online. You can contact your legal advisor or divorce lawyer; they will help you appear online for mutual divorce.
Alimony and Maintenance:
Alimony, or maintenance, is financial support provided by one spouse to the other before separation or divorce. In the case of Mutual Divorce alimony or maintenance should be decided by a couple before filing a divorce petition. If a couple has children then they need to decide the expenses of children. Because these all things need to be mentioned in the agreement and mutual divorce petition. Its purpose is to ensure that the economically weaker spouse can maintain a standard of living similar to what was enjoyed during the marriage.
In some situations, the couple does not want any Alimony or maintenance. The wife does not want any maintenance so we can not say that in every circumstance one party needs to give alimony or maintenance to the other party.
Types of Alimony: Permanent and Temporary Alimony
Temporary Alimony: Provided during the pendency of divorce proceedings.
Permanent Alimony: A lump sum or periodic payment awarded after the divorce.
Factors Considered by the Court: Some factors mentioned here and some factors depend on circumstances.
Income and Property: The financial status of both parties. How much earnings of both parties and some other sources of earning.
Duration of Marriage: Longer marriages may lead to higher alimony amounts, or it depends on many factors to decide.
Age and Health: Of both spouse’s age health and other expenses.
Standard of Living: During the marriage.
Custody of Children: Alimony may also depend on who has custody of the children. Child custody depends on many factors, such as age and other factors.
NRI Mutual Divorce Process in Delhi:
If we talk about NRI divorce or NRI. An NRI mutual divorce in Delhi is a divorce between a Non-Resident Indian (NRI) and another party that takes place in India. The process is similar to other types of divorces but may be different due to special provisions for NRIs.
Common questions and answers
1- How do you file for mutual divorce in India?
Filing for mutual divorce in India involves several steps, and it’s important to follow the legal procedures.
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 are the required documents 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 documents.
3- How long does mutual divorce take in India?
In India, 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 for mutual divorce in India?
Procedure of filling a mutual divorce is very simple. If both parties agree to a mutual divorce they need to talk to a mutual divorce lawyer and divorce advocate in your area Delhi India. They will guide you properly.
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 common grounds for divorce across different laws: Adultery: Cruelty: Desertion: Conversion: Mental Disorder:
7- What is the fee for mutual consent divorce?
We can decide the fee for mutual consent divorce on several factors.
