Mutual Divorce

Mutual consent means that both parties approve of peaceful separation. The mutual divorce petition is in the form of an affidavit, which needs to submit the family court. Under Section 13 B Hindu Marriage Act 1955 and Section 28 Special Marriage Act 1963, divorce by mutual consent is available.  

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Key Requirements

 

Documents Required

 

  1. Address proof of husband and wife
  2. Details of professions and present earnings of husband and wife
  3. Certificate of Marriage
  4. Photographs of marriage between husband and wife
  5. Evidence to prove that the husband and wife have been living separately for more than one year
  6. Evidence proving failed attempts of reconciliation
  7. Income tax statements 
  8. Details of property and assets of the parties

 

How to apply

 

How to File for Mutual Consent Divorce:

 

The following are the steps:

 

  1. Filing a Joint Petition: The first step is the filing of a joint petition in the respective family court. 
  2. The appearance of both the Parties in Court: The second step is to appear in the family court. The court fix date on which both the parties appear along with their counsels.
  3.  Scrutiny of the Petition by Court: The court then scrutinizes the petition and the documents filed by the parties.
  4. Recording of statement and passing of the order on First Motion: After the declaration of the parties have been recorded on oath, an order on the first motion passed by the court, after this, six months is given to the parties, after which the parties are required to file the second motion. 
  5. Appearing for Second Motion: After Six months of the first motion or by the end of the reconciliation period, if both parties still don't agree to come together, then the parties may appear for the second motion for the final hearing. 
  6. The decision of the Court: The court passes the decree of divorce, now the divorce becomes final.

 

The minimum six month waiting period was held to be mandatory and the Court has no power to relax the said compulsory time wait of six months and cannot pass a decree of divorce forthwith.

Mutual Divorce eliminates unnecessary quarrels and saves time and financial resources. As there are increasing numbers of divorce applications being filed, divorce by mutual consent is one of the finest options.

 

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