what is the procedure for mutual divorce

777 votes

Both of U have to jointly file an application under section 27 of d Special Marriage Act, 1954, before d Ld. District Judges Court, at territorial Jurisdiction .
A date of appearance would b fixed after six months from d date of filing.
Terms & conditions are to b inserted in the said Joint application & on compliance of court procedure, d Decree may b passed by next two date of hearing.

LawRato LawRato

650 votes

File a joint section 27 of d Special Marriage Act, 1954 in District Judges Court or Family Court and wait for six months or more for final hearing. You should mention in the petition about the custody of child and permanent alimony etc.

Advocate Minansu Bhadra LawRato

544 votes

Under mutual consent divorce, petition is to be filed under section 13 B of Hindu Marriage Act ,1955. The parties can seek divorce by mutual consent by filing a petition before the court. The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

you will have to show that you two have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation you two have not been able to live together as husband and wife.

Advocate Siddhant Sharma LawRato

852 votes

It is filed under section -13b of Hindu Marriage Act. Once we file the petition, 6 months of reconciliation period is granted by the courts. After the expiry of these 6 months the parties will be granted a divorce decree by the hon'ble court.

Advocate Sunny Deep Joneja LawRato

760 votes

You both need to file mutual divorce petition in the Hon'ble Court of District Judge Chandigarh, if you are residing in Chandigarh, last resided or married in Chandigarh, as the case may be, alongwith relevant documents including the settlement with regard to maintenance, custody of child etc., if any.
This petition can be filed only if your marriage has completed at least one year. You both need to be present in court on the date of motion hearing.

Advocate Deepak Verma LawRato

918 votes

Sir in this case actually both husband and wife should jointly file the petition for mutual consent divorce, further only by stating in the petition that you both are residing separately for one year that would be sufficient, for more details you are free to contact.

Advocate Bharat Narasgouda LawRato

513 votes

Dear Sir/ Madam,

Before going for divorce the married couple should complete atleast one year of marriage. AND one year separation is also required, it depends on your case facts Please feel free to contact me. Thanks

LawRato LawRato

727 votes

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife. The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court. Please feel free to get in touch should you require a lawyer in this regard.

Advocate Ayantika Mondal LawRato

872 votes

Mutual is a stipulated procedure for getting divorce i.e., free from your current marriage . filing the case before the family court with details of Solemnizing of the marriage/marriage certificate if any along with last date of stay of either couples.
Pay prescribed fees to the court and then on the date of hearing ..judge would order for mediation and finally a divorce judgement /Decree .

Advocate Siddartha S Ramachandra LawRato

737 votes

Hello,

One lawyer is sufficient. If you wish to know more about the subject matter please feel free to contact me. It will better to have a face to face discussion regarding the same. Thanks for writing

LawRato LawRato

838 votes

There is no special procedure in court for a mutual consent divorce. Both spouses will be filing a single divorce petition , usually with advocates of their own representing each one of them agreeing upon all terms.

Advocate S.K Prabhakar Shetty LawRato

539 votes

If both husband and wife has consented and agreed for mutual consent divorce and if all the terms like exchange items of jewelry etc., is settled and if there is child involved, the custody issue is resolved, then mutual consent divorce can be filed immediately and one Advocate can sign for both husband and wife

--- Advocate C V Srinivasa

LawRato LawRato

625 votes

One lawyer is enough for taking it through and getting it completed. Is your marriage a year old and have you lived seperate? Please contact me should you require legal service in this regard. Any queries feel free to contact me or email

Advocate Ayantika Mondal LawRato

773 votes

The condition for seeking divorce is that the marriage muse be one year old. before completing one year of the marriage the law does not enable the spouses to file the petition for seeking divorce. So, completing one year from the date of marriage is a must to file the petition for seeking divorce even for mutual consent. Good Luck.

Advocate Chandraiah LawRato

808 votes

No need to live separately. If you both are interested to file divorce with mutual consent it has to be filed under Section 13-B before family court. There will be six months time initially given by the court for reconciliation, if still parties intends to go for divorce after this period means court will grant the divorce. Its always better to consult advocates who represent their client before court to get justice.

Advocate Rajesh K.S LawRato