×

quesWhat is the procedure and time required for mutual divorce?

What is the procedure and the time consumed in getting a mutual divorce finalized?

  • Planning to Divorce? Marriage Counselling can help


    Consult Now
    • ans

      Assuming you are Hindus, Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.

       

      Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that
       

      • they have been living separately for a period of one year or more,
      • they have not been able to live together and
      • they have mutually agreed that the marriage should be dissolved. 

       

      The Court shall then record the joint statement of the parties and pass a First Motion Order giving them a cooling period of 6 months to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So, therefore divorce by mutual consent takes about 6-7 months.

       

      The general rule is that divorce by mutual consent is filed by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filed also called first motion and after six months, which is referred as second motion. 

       

      After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted. 

       

      You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan, maintenance/alimony payable by you post divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this agreement signed by 2 witnesses.

    • File Mutual Consent Divorce @ Rs. 25,000/- only


      Know More
    • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    Hi I (hindu religion)had filed a case of dv and divorce against my in-laws n…
    I got married on 19th may, 2014. me and my wife quarreled many times. I…
    My wife left matrimonial home on 25th April 2015. From there onwards no physical contact…
    Respected lawyers. i got married 2013 february.filed 498 a case november 2014 and maintanance case…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years


    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years


    Advocate Nagesh B L

      Nagarathpete
     Experience: 23 years


    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years


    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly