Procedure to file for a mutual consent divorce in Delhi

791 votes

Yes You both file the divorce case at Delhi but you need must for the filing of divorce before the court one address proof at Delhi with marriage proof marriage photos passport size photos . If you want divorce make a talaknama as per Muslim rite

Advocate Mujeeb Khan LawRato

919 votes

Under Muslim law, divorce by mutual consent is possible through Khula and Mubaraa. A khula divorce is initiated by the woman – she proposes to her husband that the marriage be dissolved. The husband will usually have to agree, however, he can negotiate the amount of mehr that the wife will pay him. As a muslim woman, you may pay back the mehr amount or property and obtain a divorce by signing a khulanama. Your husband will have a legal right to claim the mehrif you do not pay him but failure to pay does not invalidate the divorce.

A mubaraa divorce is when both parties agree to dissolve the marriage. Please remember as a woman, you will have to follow the iddat period.however The Shia law is stringent though. It requires that both the parties must bona fide find the marital relationship to be irksome and cumbersome. Among the Sunnis no specific form is laid down, but the Shias insist on a proper form. The Shias insist that the word mubarat should be followed by the word talaaq, otherwise no divorce would result. They also insist that the pronouncement must be in Arabic unless the parties are incapable of pronouncing the Arabic words. Intention to dissolve the marriage should be clearly expressed. Among both, Shias and Sunnis, mubarat is irrevocable. Other requirements are the same as in khula and the wife must undergo the period of iddat and in both the divorce is essentially an act of the parties, and no intervention by the court is required.

Advocate Ravi Ranjan LawRato

695 votes

Dear Sir,
In case if you looking forward to divorce by mutual consent then as per Islam, there are two ways namely
(1) Khula- Divorce by consent on the instance of the wife in which she agrees to give a consideration out of her property or may forgo the mahr. The marriage is dissolved between the spouses in lieu of compensation paid by the wife to her husband out of her property. Once the husband gives his consent, it results in an irrevocable divorce.
(2) Mubarat- When both husband and wife desire dissolution, either of them can make an offer of divorce which the other party may accept without any consideration. Both will like talaq require observation of iddat (period until when she cannot remarry).
A talaknama would be required to be made which would document the entire proceedings along with terms and consideration (if any). It does not require you to go to a Court for divorce by mutual consent. Therefore, it can happen wherever you are living presently and would not require you to come to India.

Advocate Manu Tripurari LawRato

800 votes

The jurisdiction to file a mutual divorce will be either in Aligarh where the marriage took place or in Pune where you lived together after marriage. Delhi would not be the correct place to file the mutual divorce petition you lived there before marriage.
Else you contact with an advocate who will suggest you more regarding this issue.

Advocate Deepika Tiwary LawRato