Mutual Consent Divorce

Divorce by Mutual Consent

Divorce by mutual consent is the most civilized way to terminate a marriage. When the couple concludes that their marriage has ended, they can agree to terminate the marriage by mutual consent. It is much less complicated than the long-drawn litigation that follows when there.

Section 13B of The Hindu Marriage Act, 1955 provides the provision for Divorce by Mutual Consent. It explains that if the parties that are living separately continuously for a period of one year and parties are not able to live together and have agreed to separate mutually, then they can seek divorce
 

Grounds for filing the petition:

1. They have been living separately for a period of one year or more, or
2. They have not been able to live together, and
3. They have mutually agreed on the divorce and terminated their marital relationship.

Step by Step procedure to file for a Mutual Divorce
 

1. The parties intending to dissolve the marriage must wait at least one year from the date of marriage. A joint petition has to be filed by both parties for dissolution of marriage to seek a decree for divorce. Both parties in a mutual consent divorce would have to come to an agreement.

2. Appearing Before Court and Inspection of the Petition -The parties must be represented by their respective lawyers on the date given by the Family Court. The court will first try to bring reconciliation between the parties. But if it fails, the court will proceed with the petition.

3. After the court examines the petition and the court is satisfied with it, the Court can order that the party’s statement be recorded on oath. After recording the statement, the court passes an order on the first motion.

4. Cooling-off Period The couple is expected to attempt reconciliation during the ensuing six to eighteen months before they file the second motion, at which point the divorce will be granted. Therefore, the couple must wait at least six months before they can again approach the courts.

5. Second Motion and the Final Hearing of Petition The parties appear and record statements before the Family Court once they decide to proceed with the proceedings and appear for the second motion. In the final hearing, the parties must be present in the court.

6. After the trial, if the court is convinced about the truthfulness of what has been alleged in the petition and that there isn’t an iota of the probability of reconciliation or cohabitation, the courts would then pass a decree of divorce, making the divorce final and declaring the marriage as dissolved.

Deepti Dogra and Associate

Phone no.-8989696931

Email- [email protected]

1201, Vikas Surya Arcade, 2nd Floor, CU Block LSC Uttari Pitampura, New Delhi-110030