DIVORCE BY MUTUAL CONSENT, "Be Aware"

DIVORCE BY MUTUAL CONSENT

Divorce by Mutual Consent, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, then such a Divorce petition presented jointly before the Honorable court, is known as mutual consent Divorce.

It is the quickest form of divorce in India.

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

DOCUMENTS REQUIRED FOR DIVORCE WITH MUTUAL CONSENT:

Common Documents are required for Filing a divorce petition, also our expert's lawyers help you prepare the documents if anything is missing :

1. Marriage Certificate

2. Address Proof - Husband and Wife.

3. Four Photographs of Marriage.

4. Income tax Statement of last 3 years.

5. Details of profession and Income (Salary slips, appointment letter)

6. Details of Property and Asset owned

7. Information about family (husband and wife)

8. Evidence of Staying separately for an year

9. Evidence relating to the failed attempts of reconciliation

Legal experts and trusted lawyers help throughout the process of divorce right from start till end. After the thorough consultation from Legal team, every citizen needs to follow the process :

One has the option to file the petition in any one of the following family courts -

i. Where the couple was last residing as husband and wife,

ii. Where the husband is presently living.

iii. Where the wife is presently living.

Let us Understand the steps involved while filing a Divorce :

Step 1: Drafting and Filing Petition (submitting divorce application)

The drafted application needs to be submitted at family court along with applicable court fees. You need the right advice and guidance of a trusted and experienced divorce lawyer for the drafting of the petition.

Step 2: Issuing Summons ( Court Notice)

A formal notice(summons) is issued by a court is sent to the second party, which is generally dispatched by speed post. The purpose of sending a summons is to let the other party know that the process of divorce has been initiated by their spouse. If the husband has initiated the procedure summon will be sent to the wife.

Step 3: Response (to Court Notice)

After receiving the Summons, the party needs to be present at the court on the date mentioned in the summons. If the party fails to attend then the court will give a chance of hearing even if that is failed court will issue an order and will end the process of divorce.

Step 4: Trial at Court

In this step, the court will hear both the parties along with proper evidence and witnesses. Respective lawyers will conduct the examination and cross-examinations of parties, witnesses, and evidence in front of the court. This step is very important step while filing a divorce.

Interim Orders –

In interim orders, any party can file a temporary petition with respect to maintenance and child custody before the court. This can be filed after hearing and during the pendency of the court proceedings. This order stays in power until the final court procedure of the Divorce. Not every divorce proceeding's gone through interim orders. Filing petition is optional and is solely dependent on the spouse (husband or wife).

Step 5: Argument

Here, the respective advocates assigned by both parties will argue before the court on the basis of documentary evidence filed and depositions of the witnesses. To win the argument the experience and conduct of lawyer matter’s a lot.

Step 6 : Final Order(Divorce completion)

The final order will be passed by the court upon successful completion of all the stages mentioned before. If any party is not happy with the final order they can challenge the same in higher courts

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

In such circumstances, the court grants no divorce decree.

Remarry:

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

Time Required:

It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

Thank you,

Sandigdha Mishra, Advocate

advocate.sandigdhamishra@gmail.com

advsandigdha@paydirtprofessionals.com