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Procedure to file mutual consent divorce


14-Jan-2023 (In Divorce Law)
I got married in Feb - 2015. After marriage my in laws were not happy with the wedding arrangements and other stuffs done by my father. They always raised the issues and tried to tortured me mentally. My inlaws told me to leave the house when i had an argument with them. Also my husband had used abusive language for my Brother and father. I tried my level best to save this marriage but they are insensitive. They dont have any feelings for their daughter in law. They just need money. As per my mother in Law ... Bahu is only to do Household activities and to satisfy her son. Although they are very educated but has a cheap mentality. One day they misbehaved and tortured me mentally , in fact my husband tortured me physically ..so i decided to end the relationship. I left their home in Dec - 2015 and staying with my parents. My inlaws spoke to my father last year and they are ready for MCD. Only i can understand the real pain and hurt..but i should move forward and end this relation
Answers (7)

Answer #1
593 votes
For mutual consent divorce there is a procedure establish by law under which separation period of one year is mandatory before fillinng for mutual divorce. Then only you can file first petiton and after sic months second petition
Answer #2
595 votes
Dear client...
.....you have many other options to fight for your right as well as the mental torture done by your in laws and your husband .

File a divorce case on the grounds of cruelty and domestic violence case as well as maintainence case

But as per your choice you opt for divorce by mutual consent go ahead
Answer #3
570 votes
If you are ready for mutual consent divorce, have a meeting with your husband, directly or through some via media. Settle terms of divorce, like custody of child, istridhan, permanent alimony etc. Then file joint petition. Two motions are filed after an interval of six months.
Answer #4
542 votes
Madam, in order to file a mutual consent petition you have to decide the terms on which the two of you are settling for eg. the money to be paid by your husband as alimony and so on. The petition will be presented in the distt. court having jurisdiction. There are 2 motions for divorce. A six months time period must lapse between each motion. For further detailed information a personal meeting is advisable
Answer #5
785 votes
Dear Mam,

As per the facts provided by you, you can easily file a mutual divorce.

Mutual divorce can be filed in concerned Family court and it will take atleast 6-7 months. First motion will be granted once you filed the mutual divorce and court will give you a six month period to both of you to rethink on the decision and still if both of you doesnt wants to stay together then secound motion can be filed and you will get the divorce.
Answer #6
657 votes
Mutual consent of Divorce can be preferred by married couple if they find that there is no more scope for living together in the matrimonial home and Divorce is the only remedy. In Divorce under mutual consent first both parties will have to file a Petition under First Motion before the concerned court. The court will grant 6 months time thereafter and if the couple wish to withdraw then they can so otherwise at the end of 6 months by moving second motion the decree of Divorce will be granted. The issue involved is regarding alimony or maintenance. Some prefer wholesome settlement and some may look for monthly maintenance and in either case the Sridhan must be returned by the husband. Better consult a lawyer with details.
Answer #7
704 votes
You can lodge a fir for mental cruelty and you should move CAW cell in this regard
Also file a case for maintenance under section 125
Similerly file a suit for divorce for further we need more detail from your side
Thanks

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