top of page
Search

How To Initiate Mutual Divorce In India ?

  • Writer: lead India
    lead India
  • Mar 10, 2023
  • 4 min read

Updated: Mar 11, 2023

As provided under the Hindu Marriage Act, 1955, both the husband and the wife have the right to get their marriage dissolved by a decree of divorce on the grounds provided under the Section 13. If a divorce petition has been filed by one party, it is called a contested divorce.


However, in some cases the couple agree that they are unable to continue their marriage and file a joint petition for the dissolution of their marriage as provided under Section 28 of the Act of 1954. It is known as the divorce by mutual consent.


To file a divorce petition either against your partner or by mutual consent, the first and foremost step you must take is appointing a divorce lawyer in Kolkata or in the city you are residing in. It is most important for you to be aware of the grounds for divorce, procedure for divorce or any other law related to divorce law, which could be explained by an experienced divorce lawyer in Mumbai or the area you are filing for divorce.

Conditions provided under Section 13-B of the Hindu Marriage Act-

i) The couple must be living separately for one year or more.

ii) They are not able to live together.

iii) Both partners have mutually agreed that the marriage can’t be continued and have decided to go their separate ways. Under these circumstances a divorce by mutual consent could be filed.


Where to file for a divorce-

The petition for the dissolution of marriage can be filed in-

· The court where the couple last lived.

· The court under whose area of jurisdiction marriage was solemnised

· The court where the wife is residing at present.


Procedure for divorce by mutual consent-


I To file the petition-

Firstly, a joint petition for the dissolution of marriage is required to be presented by both the parties to the family court. The petition should be filed on the ground that they have been living separately for some time i.e. for a period of one year or more and have mutually agreed to dissolve their marriage.


II Inspection of the Petition-

After the petition has been filed, the parties are required to appear before the family court.

The parties must be represented by their respective lawyers.The petition and the documents would then be observed by the court.


The Court could attempt for reconciliation among the spouses, however, in case there is no possibility for reconciliation, the matter could be forwarded for divorce proceedings.


III Recording of statements-

After the court scrutinises the petition, it will order for the statement of the parties on oath.


IV First Motion and the period of 6 months-

After the statements have been recorded by the court, the order for the First Motion is passed by the Court.


A period of six months is given by the court for the parties to cool down and to again decide over the matter of the divorce with a calm mind, after which, in case they still wish to file for divorce, they can file for a second motion.


From the date on which divorce petition was filed, a maximum period of 18 months is provided to the parties to file for second motion.


V Second Motion and final hearing-

In case the parties have decided to continue with the divorce, they could appear for a second motion, and hence the proceedings for final hearings could be initiated.


The Supreme Court in a recent judgement has held that the period of 6 months could be waived off if the parties have mutually decided to separate their ways and have been living separately for some time.


Thus, if the parties have settled their differences, custody of the child or any other issue between the parties, including the financial settlements etc., the period of 6 months could be waived off.


Or if the court is of the opinion that the period of 6 months would only extend the suffering of the parties, the period of six months could be waived off.


VI Decree of Divorce-

In the case of a divorce by mutual consent, the parties must give their consent and there must be no difference in opinion in the matters related to the issues such as custody of child, alimony, maintenance, etc. Hence, the agreement between the partners shall be there in relation to the dissolution of marriage.


In case the court is satisfied that there is no possibility of reconciliation between the parties, it could pass a decree of divorce and declare the dissolution of marriage.


Conclusion


Divorce is as huge a decision as is marriage for the parties. Thus, before taking the ultimate step, It is thus advised to seek the opinion of an experienced divorce lawyer in Hyderabad or the city where you are opting to file your case, so as you know what you are getting into, what are the various options available to you as provided by the law.


Lead India offers you a team of experienced lawyers who have been successfully dealing with the cases involving divorce cases, matrimonial issues, child custody cases, etc Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.



Call Us: +91–8800788535


 
 
 

Comments

Thelila059

info@mysite.com

©2023 by Thelila059. Proudly created with Wix.com

bottom of page