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What is the Process for Mutual Divorce in India?

Advocate Bindu > Criminal Lawyer  > What is the Process for Mutual Divorce in India?

What is the Process for Mutual Divorce in India?

A man and woman sitting in fire

Divorce is a lawful way of concluding a marriage. Different laws and their sections govern the whole process. Two strategies can be applied to a Divorce proceeding. They are either mutual divorce or contested divorce. When both the partners take a decision to get separated with their own will because of any personal reason, it is called a Mutual Consent Divorce. On the other hand, the one without a common assent and recorded without the endorsement of both of the companion, usually filed on the grounds of hostility, brutality, mental or physical torment, abandonment, etc is called Contested Divorce.

Talking about Mutual Divorce:

Section 13B (1) states that a couple applying for divorce is given one year time without having any marital commitment with each other for reconsideration about their decision. This might be trailed by an additional 6 months period as stated under section 13B (2) for getting an announcement. The arrangement of Section 13B (2) isn’t obligatory.

A divorce procedure cannot be introduced within one year of marriage according to section 14. Although the court can reconsider the section 14, only and only on the ground that the case is about a marriage which is among the most unbearably difficult ones for those you filed for divorce.

There are certain measures that need sorting out between the two partners wanted to go through a Mutual Divorce.

  • In the name of support: A certain amount of monetary support needs to be provided by a partner in case the other one will not be able to cope up with the daily expenses.
  • Custody and rights: In case a child is involved, both the parent needs to decide what is good for the child and reach a mutual conclusion with regards to visiting rights, custody and all the other rights involved. Consult a Family lawyer in Mumbai to know more about these sensitive matters accurately.
  • Assets: The two of them needs to settle on a mutual decision about the ownership rights of the assets that they both shared as well as the property.

Prerequisites:

Marriage Certificate, Photograph (passport size) of both, photographs of marriage, Address Proof of both, details about the occupation and income of both, last 3 years income tax statements, details about the children (if any), information about the assets and the property owned and shared, residential proof of both and all the necessary details are needed for filing a Mutual Divorce. Consult the best Mutual Divorce lawyer in Navi Mumbai to know appropriately about the prerequisites.

Let us go step by step:

First comes filing the Petition in the Family Court. Joint appeal is introduced to the Family Court by both the partners on the ground expressing that they have not been comfortable living together and have considered taking time for mutually making such a big decision and has been living independently for about one year or more which seems to be a valid period of time within which a divorce is not approved. This request must be endorsed by both the gatherings.

The next step is the First Motion for Divorce which means appearing before the court for the first time in the name of a Mutual Consent Divorce. The Joint appeal is going to be presented before the Family Court Judge alongside every document and details.

Statement must be asked to be put down on oath after the thorough review of all the contents presented by the couple before the court. After the first court hearing is dealt with, a certain time period is provided to the couple after which they need to appear again before the court where the second motion for Divorce is documented and then only the divorce will be approved. The time period is exactly 6 months from the first motion.

Court can pass a declaration of divorce once it is satisfied with the proceedings and the documentations presented before the court and that there can’t be any chance of compromise between them.

Then is the Final Decree, proceeding with the couple choosing to stick to their decision after having considered it for a long time and with the procedures thus, show up for the subsequent motion, the last one incorporating recording the statements of both.

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