Mutual Divorce process and fees in India in 2024
Mutual Divorce process and fees in India in 2024. If the parties the husband and wife have been living separately for one year or more, they may agree to mutually dissolve their marriage and approach the court with a divorce petition on the ground that they have not been able to live together and would like to obtain a divorce by mutual consent
Mutual divorce should always be preferred to a contested divorce. Mutual divorce is hassle free and less time process, also there are several benefits to contested divorce. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act.
Mutual Divorce process and fees in India in 2024
Are you considering a mutual divorce in India? If so, you may be wondering about the process, time frame, and legal rights involved. We’ll try to cover everything you need to know about the mutual divorce process in India in 2024, including new rules, procedures, and the rights of both men and women.
Mutual Divorce Process in India 2024
In India, mutual divorce is a legal process in which both parties involved in a marriage consent to end their marriage. This process is less stressful, less time taken, and less expensive than other form of divorce, as both parties have agreed to the terms and conditions of the settlement. For a mutual divorce, both parties must have lived separately for at least one year or more before filing the joint petition for mutual divorce.
The process of obtaining a mutual divorce in India involves filing a Joint Petition under Section 13-B before the family court of your area of jurisdiction. The first joint petition is filed as the Petition for the decree of divorce in the 1st motion. After a period of six months from the date of the decree of the 1st motion, the joint petition for the 2nd motion shall be filed before the Court, wherein the Court will grant the final decree of divorce.
If you are planning to file a mutual divorce in India, here are the steps:
File a Joint Petition To begin the mutual divorce process, you need to file a joint petition. This petition should be signed by both parties and should state that they wish to discontinue their marriage. The joint petition should also include the mutually agreed details of settlement, including property, assets, and children etc.
Appear in Court after filing joint petition, both parties are expected to appear in court with their respective counsels.
Scrutiny of the Petition by the Court The court may scrutinize the petition and documents submitted. If the court is satisfied with the conditions of the divorce and the documents submitted, it will then order the recording of the statement of both parties on oath.
Once the statement of both parties is recorded, the court passes an order of the first motion. The court will grant six months before the parties can file for the second motion, which must be done within 18 months of the date of filing.
Appearing for the Second Motion Once six months have passed, the parties can file for the second motion. The 6-18 months are granted to utilize any scope of reconciliation. However, if the parties still wish to proceed, there is only one more step to get divorce.
Upon the absolute agreement of both parties to end the marriage and the complete satisfaction of the court, then the divorce is granted, putting a legal end to the marriage between the parties.
Required Documents to File a Mutual Divorce
The following documents are usually required to file a mutual divorce case in India:
Marriage certificate/marriage card
Address proof of both the parties
Photographs of marriage
Passport size photographs of both the parties
Income tax statement
Details of property and assets owned
Evidence of staying separately for a year
Conditions for Mutual Divorce – Section 13-B To file for mutual divorce, the following conditions must be satisfied:
The parties have been living separately for one year or more, and they have mutually agreed that the marriage should be dissolved.
The period of living separately for one year must be immediately preceding the presentation of the Petition.
Mutual Divorce process and fees in India in 2024
What Man can do
Men can contest the terms of the divorce, such as child custody and alimony, and the right to request a fair division of property.
Women also have right
Women also have legal rights in a mutual divorce in India. They have the right to seek maintenance and alimony from their spouse, as well as custody of their children. Additionally, women have the right to ask for a share of the marital property, including any assets acquired during the marriage.
Mutual Divorce Lawyer Fees
Mutual divorce lawyer fees in India can vary depending on the complexity of the case and the lawyer’s experience. It is best to consult with a lawyer to get an estimate of the fees involved.
How Long it Will Take for Mutual Divorce
The mutual divorce process in India usually takes between six months to one year, depending on the complexity of the case.
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.
