What is the procedure for mutual divorce.

685 votes

If u want file divorce petition by mutual, U have to get consent from Wife, without her consent can't file mutual divorce petition. After obtaining her consent In two hearing dates u can get decree of divorce

Advocate Shashikumar K LawRato

881 votes

Dear Sirs,

You cannot give divorce to the spouse only on the ground of sleep walking unless you would establish the valid ground for divorce as contemplated under Hindu Marriage Act. If the spouse agree for divorce by mutual consent, they can file the petition before the court. A husband is bound to pay the alimony to spouse.

Regards,
Sadanand

Advocate Sadanand Naik LawRato

874 votes

Sir if he wants mutual consent divorce he has to speak to her and see if she agrees for divorce, if she refuses there is no option left and he has to file a divorce petition against her for divorce on grounds of cruelty.

Advocate Bharat Narasgouda LawRato

975 votes

If your brother's wife does not agree to filing a Joint Petition for Divorce by Mutual Consent, you can file a contested divorce petition and pursue the matter. Alimony is something that doesn't have a hard and fast rule and varies with economic status, husband's earning capacity (since your brother is a student) wife's present career/ job potential, etc. The approach varies from case to case.

LawRato LawRato

915 votes

okay then you have to decide who keeps the custody of the child. Divorce can be effected even if you want to contest custody of the child. It depends on a few things firstly age of the child the gender of the child etc.

Advocate Shobhit Bhatia LawRato

709 votes

Mutual divorce can be obtain after sighning the memorandum of understanding and after completion of period of one year of separation. Then you van file first motion begore the court concern snd after s c

Advocate Manoj Kumar LawRato

975 votes

issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians.

The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.

Over the years, there is a shift from custody and access being the 'right of a parent' to being the 'right of a child'. The non-negotiable principle on which custody is decided is the 'best interest and welfare of the child'. Who will best serve the child's emotional, educational, social and medical needs is the only criteria.

The earning capacity of the parent does not determine custody but the capacity to provide a safe and secure environment does. A non-earning mother will not be disqualified but the earning father will be asked to provide child support. While the mother is the preferred custodial parent when the child is of a tender age, once the child attains a discernible age, his/her wishes will be considered while deciding the issue of custody and access .

The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong.

This principle of best interest of the child ought to also apply in case of mutual divorce. Who will the child stay with, what will be the terms of access, how will the child's living and educational costs be met?

Parties have larger negotiating space where more innovative terms can be evolved; like joint custody, a concept that does not exist in statutes but has evolved while negotiating divorce settlements. In this, both parents will have legal custody but one will have the physical custody and be the primary caretaker.

Access to the non-custodial parent could be weekly, fortnightly, daily or monthly. It could be just day access or overnight access with gradual increase including weekend and/or vacation, access on special days, etc. It could also be free access with no fixed schedule, but as per the parents and the child's convenience, could include the non-custodial parent's right to school events, etc.

One ought to remember that as a parent every 'right' you exercise ought to also have a corresponding 'duty' towards the child. As important as the right to custody or access is, so is the duty to provide for and maintain the child. The parties can agree to a one-time lump-sum amount or a staggered payment either at different stages of the child's educational life or a monthly amount with incremental increase. Whatever it be, it ought to be sufficient for the day-to-day expenses of the child to maintain or improve the standard of living.

Advocate Suneel Kumar LawRato

994 votes

Dear client you both agree for divorce by mutual consent

You can apply to the competent court by filing a petition for divorce by mutual consent.

As the child is involved you both mutually decide that who will take care of the child after divorce

Advocate Sanjeev LawRato

701 votes

Dear sir for divorce by mutual consent get an agreement between both parties then apply for 1st motion and after 6 months apply for 2nd motion marraige gets dissolved after 2nd motion 1 year of seperation necessary

Advocate Nitish Banka LawRato

598 votes

Then can file a divorce in India where they registered their marriage. Marriage registered location will be the perfect jurisdiction for mutual divorce. Exactly they have to come to court for two times to get the divorce order.

Advocate B. Sivasubramanian LawRato

824 votes

Hello Sir, in the above case is concern the marriage has taken place in India. Therefore it can be filed in Indian court, where the marriage had taken place viz if they married in Chennai and their marriage was registered in Chennai then they can file the divorce petition in the Chennai family court. While they filing the petition for divorce on mutual consent their presence is necessary on the first hearing. Thereafter the court will hear the case after 6 months, even after the months, if both spouses are not willing to reunion in the marital life then the court will grand divorce on the very same day, on that day both have to be appear in person.If it is in Chennai jurisdiction, I am charging Rs. 40,000/ for filing mutual consent that included all the expenses, for filing petition in other courts jurisdiction I am charging Rs.60,000/- as professional fee. Hope I have cleared your doubt. In case, if u need any further reference you may contact me at any point time. Thank you

Advocate Selvaperumal LawRato