Mutual Divorce Process in Mumbai
Mutual divorce in Mumbai is governed by the Hindu Marriage Act 1955 (for Hindus) or the Special Marriage Act 1954 (for interfaith or civil marriages). A mutual divorce occurs when both spouses agree to end the marriage amicably and settle issues like alimony, child custody, and property division without disputes. Here’s a step-by-step guide to the mutual divorce process in Mumbai:
1. Eligibility for Mutual Divorce
- Both parties must agree to the divorce.
- The marriage must have lasted for at least 1 year.
- The couple must have been living separately for at least 1 year (as per the amended laws).
2. Grounds for Mutual Divorce
- Irretrievable breakdown of the marriage.
- Mutual consent to end the marriage.
3. Required Documents
- Marriage certificate (proof of marriage).
- Address proof of both parties (Aadhaar card, passport, utility bills, etc.).
- Identity proof of both parties (Aadhaar card, PAN card, voter ID, etc.).
- Photographs of both parties.
- Proof of living separately (rental agreement, utility bills, etc.).
- Income proof (for alimony or maintenance claims).
- Details of assets and liabilities (for property division).
- Child custody details (if applicable).
4. Procedure for Mutual Divorce in Mumbai
- Drafting the Petition:
- Both parties must file a joint petition for divorce in the Family Court or District Court in Mumbai.
- The petition should include details of the marriage, reasons for divorce, and agreed terms for alimony, child custody, and property division.
- First Motion:
- The court reviews the petition and records the statements of both parties.
- The court may suggest reconciliation, but if the couple insists on divorce, the first motion is approved.
- Cooling-off Period:
- The court provides a 6-month cooling-off period (as per Section 13B of the Hindu Marriage Act) to allow the couple to reconsider their decision.
- A court can waive the period in certain cases, depending on the court’s discretion.
- Second Motion:
- After the cooling-off period, the couple must appear before the court again to confirm their decision.
- The court reviews the terms of the settlement and ensures they are fair and lawful.
- Final Decree:
- Once satisfied, the court grants the divorce decree, legally ending the marriage.
5. Fees for Mutual Divorce
- There is a requirement for the court fee for filing a mutual divorce petition (may vary slightly depending on the court).
- Lawyer fees typically depend on the complexity of the case and the lawyer’s experience.
6. Time Required
- If the cooling-off period is waived, the process can be completed in 2–6 months.
- If the cooling-off period is observed, it may take 12–18 months.
7. Where to File
- The petition must be filed in the Family Court or District Court having jurisdiction over the area where:
- The marriage was solemnized.
- The couple last lived together.
- The respondent (other spouse) currently resides.
8. Benefits of Mutual Divorce
- Amicable and less stressful compared to contested divorce.
- Saves time and legal costs.
- Allows both parties to mutually decide on terms like alimony, child custody, and property division.
9. Legal Assistance
- It is advisable to hire a family lawyer to draft the petition and represent you in court.
- Many legal firms in Mumbai specialize in mutual divorce cases and can guide you through the process.
If you need further assistance, you can visit the Mumbai Family Court or consult a reputed lawyer in Mumbai.
