Procedure for Mutual Divorce

271 votes

Under Hindu Marriage Act, divorce by mutual consent can be obtained from a family court having a competent jurisdiction. As both of you are working the issue of maintenance to be paid to wife may not arise.

Both of you would be required to submit consent terms and conditions to the court. A settlement with or without certain amount can be agreed upon.

The requirement is to stay separately for 1 year. However, if appropriate reasons are cited and both the parties agree the court usually are benevolent in granting divorce within few months.

LawRato LawRato

606 votes

Hi
Both of you should be living separately for at least for a period of 1 year before filing for mutual consent divorce.
You should also produce evidence (house rent agreements, Address proof etc) of living separately for 1 year before filing for mutual consent divorce.
Mutual consent divorce proceedings will take atleast 6 -8 months.

Advocate Rajagopalan LawRato

999 votes

Dear,

You can apply for the Mutual Consent Divorce and it will take six months to get a divorce decree. Both of you should be present in the court on the first day of hearing and on the last day of hearing without fail.

Advocate Vikram Chandra LawRato

896 votes

Mutual divorce prerequisite and procedure.

Ans: 1) a valid marriage
2) both should agree with or without conditions
3) jointly file a petition before the family court
4) after inquiry the court will grant a decree of divorce.

Advocate Girish Kodgi LawRato

510 votes

You have to consult advocate and explain your terms and conditions and , if your getting alimony can be mentioned, both of you signed and file suit before court and court ordered for cooling period of six month after can get decree of divorce. If you want discuss elaborate on this matter can approach via phone or mail or visit my office and get relief.

Advocate Sharanagouda S. Patil LawRato

609 votes

There is a provision in hindu marriage act for mutual divorce, approach an Advocate, for joint mutual divorce petition. Mutual divorce , both parties should agree and one Advocate can be engaged to appear for both parties.

LawRato LawRato

901 votes

A joint petition has to be filed by husband and wife and and it requires minimum 6 months of time and after 6 months the court will pass the decree of divorce, only one advocate can be appointed but both husband and wife should mutually file for divorce.

Advocate Bharat Narasgouda LawRato

535 votes

Thank you for your email. You can apply for mutual divorce. The procedure is lengthy one and cannot write to you through email which will run to pages and it will take long time to discuss over phone. Hence Kindly meet us in our office with prior appointment.

Advocate Ransa Vasanthi LawRato