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Mutual Consent Divorce Procedure
Mutual Consent Divorce was brought by the India Parliament vide Amendment within the year 1976 within the Hindu Marriage Act.
Mutual Consent Divorce has brought relieve. As a mutual consent lawyer , it’s desirable to suggest to parties to know the futility of long drawn litigation and thereby proceed towards mutual consent divorce.
As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
Parties desirous of Mutual Consent Divorce are always perplexed on the way to initiate the method , role of court, terms and conditions of mutual consent divorce, problems with maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce are often filed and other allied questions. For the aim clarity, you only got to understand following bullets point:-
Spouses should ask one another about future course. If both spouses reach to a conclusion that marriage isn’t workable they ought to ease out the strain surrounding them and accept that their marriage has weakened . Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the youngsters .
Accept that there are often agreement even divided .
If there are children involved, spouse should decide amongst themselves who goes to be have the physical custody of the Child , duration of legal right and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to require the custody of the Child . It’s the understanding and agreement between parties which prevails subject to the welfare of the minor children. Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.
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Next important aspect is financial settlement. There are various aspects of monetary settlement which incorporates alimony, maintenance, house, education expenses, education expenses, marriages, istridhan, joint investments, joint accounts and lots of other. As a mutual consent divorce lawyers, we offer platform to parties to debate these issues in calm atmosphere and reach to their own solutions. We as a mutual consent divorce lawyers provide different options using our vast experience within the field to resolve issues affecting the possibilities of settlement. Sometime, emotions between spouses are running so high that logic fails.
NOW, you’re able to file petition for mutual consent divorce. Petition for mutual consent divorce may be filed at any of the subsequent place:-
Place where marriage had taken place
Place where husband and wife last resided together.
Place where wife is residing at the time of filing of the Petition
Once petition for divorce by mutual consent is filed, parties presence are required within the Court for recording of the statement. within the event one among the party is unable to return , such party can appear through power of attorney. Such power of attorney preferably should be a loved one of the spouse. Once statement is recorded, it’s commonly called First Motion has been granted.
After passing of first motion, parties are called upon to attend for 6 months period before moving Petition for second motion. this era is extendable unto eighteen months. This six months period in mutual consent divorce is usually called cooling-off period. Six months period are given to parties to think their relationship again. it’s given for reconciliation.
This six months period are often waived by concerned domestic relations court upon filing an Application for waiver of six months. domestic relations court has discretion to waive of the amount . Thus, period of time of six months are often waived off and should be reduced to as less as 15 days or a month approximately .
After six months period or after waiver of six months, if parties are unable to resolve their differences, they’re going to need to appear within the Court again. Statement of parties would be recorded again.
During the amount of six months i.e. before moving second motion,both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the wedding by granting decree of divorce and thereby marriage stands dissolved.
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Frequently Asked Questions
- A mutual consent divorce removes unnecessary disputes thereby saving plenty of time as well as money for both the spouses.
- In addition, decisions pertaining to child custody, maintenance as well as property rights can easily be agreed upon mutually even before the marriage is dissolved.
- In a mutual consent divorce, the court simply confirms and legalizes whatever is mutually agreed upon by the couple.
The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.
Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,
- Divorce laws for Hindus including Sikhs, Jains and Buddhists are provided under the Hindu Marriage Act, 1955.
- Divorce laws for Christians are governed under the Indian Divorce Act, 1869.
- Divorce laws for Muslims are governed under their personal laws of Divorce and Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
- Divorce laws for all the inter-religion marriages are governed under a secular law i.e. the Special Marriage Act, 1954.
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