How to file divorce without any issue or litigation to any party

779 votes

Only signing papers at home is not legally sufficient. Mutual divorce requires appearance of parties before the Family Court for recording consent statements. However, limited appearance or VC or affidavit evidence etc. may be possible in suitable cases depending on the facts and other local factors.

Advocate Sandipan Mohanty LawRato

863 votes

In a Mutual Consent Divorce petition, both parties are normally required to appear before the Family Court at least for recording consent. The Court must satisfy itself that: Both parties are voluntarily consenting to the divorce; There is no coercion or pressure; Settlement terms regarding maintenance, alimony, child custody, return of articles, etc., are clear. If your wife is unwilling to actively participate but is ready to sign documents, there are still some practical legal options available: • She may execute a Vakalatnama and affidavit through an advocate. • In some courts, exemption from personal appearance or appearance through video conferencing may be permitted for genuine reasons. • If she resides far away or is unable to travel, an exemption application can be filed before the Family Court. However, complete absence from the process is risky because the Court generally requires at least minimal confirmation of free consent from both parties before granting divorce under Section 13B of the Hindu Marriage Act.

Advocate Sasmita Rath LawRato