In this article, we are providing you the detailed Procedure for Mutual Consent Divorce in India. This article contains step by step procedure of divorce by mutual consent., documents, time is taken, and most important the cost.
Procedure for Mutual Consent Divorce in India – The Indian legal system is one of the detailed legal systems. Basically, the procedure of divorce begins with the filing of the divorce application. But there are several ways to get a divorce. Basically, there are two ways for getting a divorce. Firstly divorce by mutual consent and secondly contesting it.
Procedure for Mutual Consent Divorce in India
Section 13 of the Hindu marriage act 1955 deals with the concept of divorce by mutual consent. According to this article if husband and wife have given the right to dissolved their marriage by divorce with mutual consent.
The following Acts also provide for the divorce by mutual consent
1) Section 28 of the Special Marriage Act, 1954
2) Section 10A of the Divorce Act, 1869
Documents
1) Marriage certificate
2) Address proof of husband and wife
3) Photographs of Marriage
4) Passport Size Photographs of Husband and wife
5) Details of property
6) These are the compulsory documents and some documents are dependent upon the facts of the case
Conditions
1) There must be a separation between the husband-wife for more than a period of one year.
2) That they cannot live together.
3) There must be the consent of Both parties i.e Husband and Wife.
4) Both parties must be agreed upon the term and conditions while filling a petition for divorce by mutual consent.
Place of Filling
1) The place where husband and wife last lived.
2) The place where the marriage was solemnized.
3) The place where the wife is residing.
Procedure for Mutual Consent Divorce in India
Step by step procedure of Mutual divorce
1) firstly, filling of a Joint application for mutual divorce in a prescribed manner and it must be signed by the parties.
2) After the filing of a joint application for mutual divorce, both parties along with their lawyers will appear before the court.
3)The court would verify the documents, examines the application and the court tries for reconciliation.
4) The first motion is passed.
5) After the order of the first motion is passed the court gives six months of time to the husband and wife to rethink on their divorce before the second motion.
6) After the period of the six-month the couple can file for the second motion but it not exceed 18 months.
7) The date of the second motion is the final hearing of the divorce application.
8) In the end, the court passes the decree of divorce.
This article is only about mutual consent divorce. If there are complications in divorce then you can file a divorce petition against your spouse seeking divorce but there are some grounds for that and only on those grounds you can seek divorce you can visit to our another article on grounds of divorce for more information.