What is the procedure of Divorce by mutual consent

652 votes

hi
how are you , i will told you about the mutual consent divorce. first we will file in a court.After that give us time of 6 months.after that time you both are ready to take divorce then court give you decree of divorce.

Advocate Vikas Dhabhai LawRato

843 votes

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.
Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.
Accept that there can be agreement even in disagreement.
Petition for mutual consent divorce can be filed at any of the following place:-

Place where marriage had taken place
Place where husband and wife last resided together.
Place where wife is residing at the time of filing of the Petition
Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendable unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.

This six months period can be waived by concerned family Court upon filing an Application for waiver of six months. Family Court has discretion to waive of the period. Thus, time period of six months can be waived off and may be reduced to as less as 15 days or a month or so.

After six months period or after waiver of six months, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion,both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

Advocate Mohit Parihar LawRato

872 votes

Hi,
you can jointly apply for divorce under section 13B in hindu marriage act in Family court of your nearest. Please apply with the marriage certificate if you have, Marriage Time photograph, marriage invitation card, Photo ID Proof and other related documents related. No need of any expertise.

Advocate Hemant Kumar Joshi LawRato