top of page
Search

What Is The Procedure For Mutual Divorce In India?

  • Writer: lead India
    lead India
  • Jun 10, 2023
  • 3 min read

Divorce by mutual consent mainly refers to a peaceful split between a husband and wife who have agreed to it. Both the husband and the wife should consent to the divorce on agreed terms, including any alimony payments, maintenance obligations, and child custody arrangements.


Section 13-B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954 both contain provisions about divorce with mutual consent. According to the Hindu Marriage Act, parties must wait at least a year from the date of separation before seeking to dissolve their union.


Prior to presenting the divorce petition, they must demonstrate that they had been living apart for at least a year and that they had been unable to cohabitate as husband and wife during this time. Parties do not necessarily need to reside under different roofs.


Divorce Filing Procedure mutual agreement

  1. Filing of the family court petition: Both spouses file a joint petition with the Family Court for the dissolution of their marriage and issuance of a divorce judgment on the grounds that they are unable to resolve their differences and coexist peacefully. Consequently, they have either mutually decided to divorce or they have been living apart for at least a year. Both parties are required to sign this petition.

  2. First Motion for Divorce Appearance before Family Court Judge: Both parties will appear in court with their respective solicitors present. The Family Court Judge will review the petition's text as well as all the court-presented papers. If the couples' issues cannot be resolved, the court may try to do so; otherwise, the case moves forward.

  3. Joint Oath Statement: After reviewing the application's contents, the court may direct that the parties' joint statements be taken under oath and signed by both parties and their respective solicitors before the first motion is approved.

  4. Passage of the First Motion Order, Six Months There is a time limit for the Second Motion: The court issues an order in response to the first motion. Following this, both parties to a divorce have a six-month cooling-off period before they can file the second motion. After the divorce petition was first submitted in family court, the second motion may be submitted up to 18 months later.

  5. Hearing on the Second Motion and the Decision: The parties begin the final hearings after deciding to move forward with the case and show up for the second motion. This includes parties coming before the Family Court and making joint remarks that are recorded.

The court may issue a divorce decree declaring the marriage to be dissolved if it determines after hearing from the parties that the information in the petition is accurate, that there is no chance of reconciliation or cohabitation, and that all outstanding issues regarding alimony, child custody, properties, and other matters are resolved. Once the court has granted a divorce decree, the divorce is considered final.


Any party may withdraw their consent prior to the decree of mutual consent divorce because both parties' consents are required at the time of the second motion. Before submitting the second motion petition, either the husband or the wife may withdraw consent. The court, however, has taken a harsh stance against parties who have abused the first motion to their advantage.


A procedure under the Contempt of Court Act of 1971 may be started against the defaulting party if consent is withheld after the recording of a statement in the first motion, according to the Hon'ble Delhi High Court's 2018 ruling in the case of Rajat Gupta vs. Roopali Gupta.

If the petition is filed in Bangalore, then Divorce lawyers in Bangalore may be hired. Likewise, if the petition is filed in Hyderabad, then Divorce Lawyers in Hyderabad may be hired.


To address the problem, Lead India provides a selection of data, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question online and talk to a Divorce Lawyers in Delhi for help with Delhi related issues.


Call Us: +91–8800788535


 
 
 

Commentaires

Thelila059

info@mysite.com

©2023 by Thelila059. Proudly created with Wix.com

bottom of page