What is the procedure for mutual divorce?

936 votes

You have to prefer an Application under Section 13B of the Hindu Marriage Act, 1955. Its done in two stages, 1st and 2nd Motion. There is a mandatory waiting period of 6 months between the 1st and the 2nd Motion. Its quite a simple process depending on the terms of the separation.

LawRato LawRato

623 votes

For a mutual consent divorce to be filed, both you and a husband have to agree on the terms of the mutual consent divorce. These terms include things like maintenance (wife's and children), custody and visitation rights of children, share in property or any joint investment that you have had together.
You will have to furnish yours and your husband's recent passport size photographs, ID proof, wedding photographs or wedding card along with the petition, which is drafted by an advocate.
The procedure concludes in two steps- First motion and then after a minimum of six months second motion.
On both these dates of first and second motion, both you and your husband need to appear in court and put your signature. The divorce is granted on the date of the second motion.

LawRato LawRato

583 votes

you have to file a petition u/s 13(b) with your photo,ID, Residence Proof and in your petition you are ready to make mutual consent with full settlement. this is your first motion and after 6 month second motion.

Advocate Sandeep Singh LawRato

659 votes

There is no procedure involved at least for the parties. It will take 6 months to go through mutual consent divorce petition.
Take an appointment to advice you better and take things further .

LawRato LawRato

914 votes

Both needs to file petition u/s 13 B along with required documents photographs and affidavits and after six months again the consent affidavits after which upon due satisfaction court passes. Decree of divorce.

Advocate Sagar Kothari LawRato

865 votes

Firstly marraige proof is required like marriage car, photos, residence id proofs etc. Further almost a year should be completed for the marriage
Further both parties should be ready for mutual divorce with the terms and conditions which can be finalise with the help of advocate which are to be incorporated the Petition which is to be filed in court of law along with respective affidavits. Further even close relatives and friends affidavits are also required at the time of final hearing in order to seek mutual consent divorce .
Regards

LawRato LawRato

776 votes

Dear sir
The process of mutual divorce involves filing of a plaint which shows the division of assets and contains an affidavit which states that the parties are willing to take divorce by mutual consent. Further the process involves a judicial seperation of six months at the end of which divorce is granted.

You may contact me for further discussion.

Advocate Mauleen Marfatia LawRato

721 votes

As per section 13(B) of Hindu marriage act,
When both parties are ready to get divorce then in first motion you both have to file joint petition and then after six months you both have to file affidavit before court, it's called second motion.
After hearing both parties court will grant your mutual divorce.

LawRato LawRato

516 votes

In mutual divorce a joint petition is prepared stating the facts when the marriage took place and from when the husband wife are living seperately and similarly a brief reason in general that why they are not living together like differences etc--no personal facts are disclosed.

on the date the first motion both husband and wife need to sign in court the joint petition and then get a six months future date and once they present and sign on second date the decree of divorce is granted.



Alimony is not granted by court in mutual divorce its mutual as you and your wife decide.



Minimum time is six months

The divorce decree in mutual consent is not challengable.

if the point regarding no future claims is added in the petition that will prevent any future claims by any party.

Advocate Vikas Nain LawRato

614 votes

First it is to be seen if the period of separation is at least one year or more. If the parties reside in Delhi, then:-

A joint petition signed by both parties is filed before court .
Then the first motion statement of both parties are recorded and then signed on paper before the Court.
After that, 6 month period is given for reconciliation. (an opportunity to couple to change their minds.)
Further, 6 months after the first motion or at the end of the reconciliation period if both parties still don't agree to come together, the parties may appear for the second motion for the final hearing.
Finally Divorce decree is granted as the Court may deem fit.

Advocate Shubham Shanker Saxena LawRato

573 votes

Hi
You must have been living separately for last two years.
All the pending disputes must have been settled ( in respect of custody of child if any and the settlement of permanent alimony etc).
A joint petition with affidavits of both spouses is to be filed before the District Judge/Family Court.
Both parties to appear before the Court and make statement.
The First motion ( as it is called) is allowed and you go home and live separately for another 6 months.
Again after 6 months you file another petition ( called II Motion) before the District judge and again both parties appear ,make statements before the Court and Divorce is granted( subject to fulfillment of other conditions)




n

Advocate Pravin Sharma LawRato

671 votes

Dear Sir,


here is what you need for a mutual consent divorce :-

Before going to the Court.

i) A seperation of one year before filing the case please note that actual physical seperation is not required, even if both parties are sleeping in the same bedroom they can be said to be seperated for the purposes of mutual consent, if they are not living together as husband and wife;

ii) A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future;



Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU.



After Court

When you file your divorce by mutual consent petition – it comes up for hearing and your statements are recorded, then the court gives you a period of 6 months (basically to think over your decision) after which, on recording of final statements divorce decree is passed.



Monetary Settlement/Maintenance/Alimony/Child Custody issues.

A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. If a full and final settment is reached – the money can be paid before the court at the time of final hearing.

LawRato LawRato

572 votes

There should be mutual agreement executed by the parties. After that on the basis of term & condition laid down first motion for divorce alongwith relevant documents has to be filed before family Judge and after cooling period of 6-18 month from first motion, seconed motion has to be moved.

Advocate Rohini Kumar LawRato

790 votes

Hi
The procedure is simple. Both parties come together and file a divorce petition with a mutual consent between them. This is a 2-stage/motion procedure. You will file the first motion petition along with an MOU today and the second motion after 6 months of first motion. In 6 months all tour rights and liabilities will be finalised. In case you stretch the matter for whatever reasons, you my do it upto 18 months. Divorce decree os granted after recording your statement in 2nd motion proceedings.

Advocate Mudita Sharda LawRato

768 votes

Hello
U both have to file for divorce .. on first day It self u will called for concealing and a date of six month will b given were u have to file the affidavit and one more conceling will done were they will ask u both for ur decision and if u stick to ur decision divorce will be granted on same day...
Further details pls contact
Adv Nusrat khan
Family court
Bkc

Advocate Nusrat Khan LawRato

956 votes

Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
Divorce Petition will be drafted which will include terms of settlement agreed between parties.
Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
After recording of statements, First Motion will be passed.
Court gives six months time to parties to reconsider their decision. This is called cooling period generally.
Second Motion is set up.
Aforesaid steps shall be repeated. Statement of parties will be recorded again.
After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.

Advocate Ganesh V Deshmukh LawRato

774 votes

Assuming that both the parties are Hindus, after a period of one year of separation a joint petition for divorce under section 13B of the Hindu Marriage Act can be submitted to the family court having jurisdiction to the place 1) where the marriage was solemnised, or 2) either party at the time of the presentation of the petition resides, or 3) the parties to the marriage last resided together. After six months of presenting the joint petition the family court will pass the decree of divorce after once again confirming your decision.

Advocate Sunita Bafna LawRato

639 votes

For taking mutual divorce you have to orepare one memorandum os settlement ans both parties has to agrees on that and there after there is a separtion period of one year and then you can file a petition before the couet

Advocate Manoj Kumar LawRato

919 votes

Hello,
For the query you posted, I would suggest the following:

Both of you have to present a petition before the concerned adjudicating authority and then proceed accordingly with the same. There are going to be two motions, first and second. The moment second motion is over which will not take more than 6 months overall
A decree will be granted in your favour.

I hope that answers your query.

Best
M.Faris

Advocate Mohd Faris LawRato

849 votes

Hindus can get divorce by mutual consent by filing divorce petition in two face.First Face is called first motion and second phase which is called second motion can be filed after six month cooling off period first motion.

Advocate Amit Gaurav LawRato

587 votes

I have read and understood your query and shall be able to address yoir concern as I specialise in matrimonial cases. However I shall be needing some additional information si as to guide you well accordingly.

Advocate Anish Roy LawRato

757 votes

AAs per Hindu laws applicable on a Hindu, a divorce by mutual consent can be obtained through the filing of a petition under Sec 13B of Hindu Marriage Act 1955, in family/ district court. What the couple should keep in mind and decide beforehand are the issues of Child custody and Alimony amount. The court usually adjourns the filed petition for 6 months to give an opportunity to the couple to settle the dispute between them. After 6 months, a second motion confirming the decision by the couple shall be filed upon which the court shall be passing a decree.

P.S. Assisted by Adv. Saumya Parmarthi, Associate Legal - Cicero Firm, Delhi.

Advocate Manu Gupta LawRato