Mutual divorce application involves a collective decision of both parties in a marriage who approach the court for legal separation, enabling couples to dissolve their marriage harmoniously. The fundamental of this method is cooperation and joint decision-making, simplifying the entire divorce process through mutual consent. It promotes a peaceful resolution, nurturing mutual respect and understanding between the involved parties.
A Mutual Divorce Petition is a formal declaration by both the husband and wife expressing their shared agreement to terminate their marriage. It signifies the mutual willingness of spouses to part ways amicably without engaging in complicated legal battles.
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Mutual Divorce is more streamlined and less contentious in comparison to contested divorce. A Mutual Divorce petition sets in motion, the legal procedure to end the marriage mutually. A divorce petition is require to be filed in the Family Court.
A Mutual Divorce Petition formalises the intent of divorce of the parties. It acts as legal recognition of the procedure in court. Specific terms of divorce such as distribution of property, custody etc. are outlined. It is the first step to getting a Divorce Petition.
LawRato has a comprehensive list of FAQs that can help with your general and preliminary queries. Visit: FAQs: How to File Divorce; Types, Cost and Procedure Involved | Divorce Law Guide (lawrato.com)
A mutual divorce petition should state the intent of the parties to mutually end the marriage. Along with this, it should outline the following information as well:
Information and details regarding names, addresses and occupation of the spouses.
Details of their marriage - ie. date, venue and place
Details regarding children
Statement regarding consent
Circumstances leading up to Divorce
Decisions regarding alimony, child custody and distribution of property.
IN THE FAMILY COURT AT ________
PETITION No. / 20__
IN THE MATTER OF
NAME :
AGE :
OCCUPATION :
ADDRESS :
Mobile No.
Email ID ….PETITIONER NO. 1
AND
NAME :
AGE :
OCCUPATION :
ADDRESS :
Mobile No.
Email ID ….PETITIONER NO. 2
A Petition For divorce by Mutual Consent U/s
(SPECIFY UNDER WHICH ACT, whether)
U/S 13B Of Hindu Marriage Act
Or
U/S 28 Of Special Marriage Act
Or
U/S 10 A Of Divorce Act
The petitioner above named submits this petition praying to state as follows;
1. That the petitioners were married to each other at …......................... on dated.............................. according to the................................rites and customs/ceremonies. Or before the Marriage Registrar ….............(Name of City/Town)
2. That the petitioner no. 1 before marriage was ….............and petitioner no. 2 was
….................
? State the pre marital status of the parties whether bachelor/ spinster/ divorcee/ widow/ widower.
? Mention the maiden name of the wife.
? Mention the religion and domicile of the parties
? Clearly mention the date since when the parties are staying separately
3. State the number of children. Their names and age/ date of birth and custody.
4. State the details about pending litigation. Under which section, Act, case number
and court. Next date fixed before the competent court.
5. State the details about joint immovable property, if any.
6. CONSENT TERMS
The consent terms must include what the parties decided about
? The permanent alimony,
? Custody and access of children,
? Division of property/ execution of any regd document in respect of
immovable property Exchange of articles/jewellery/utensils etc,
? Withdrawal of pending litigations, and
? Any other term to which the parties are consenting)
7. That the petitioners due hereby declare and confirm that this petition preferred by
them is not collusive.
8. That there is no coercion, force, fraud, undue influence, misrepresentation etc. in
filing the present petition, and our consent is free.
9. That there is no collusion or connivance between the parties in filing this petition.
10. That this Court has jurisdiction to try and decide this petition as
Mention clearly how this court has jurisdiction.
? Whether the marriage was solemnized at Mumbai.
? That the parties lastly stayed together at Mumbai .
? The wife is staying at Mumbai.
? Any other reason supported by document.
11. That the court fee of Rs. 100 is affixed.
12. The petitioners will rely upon the documents, a list whereof is annexed herewith.
13. The petitioners pray that;
a) This Hon'ble court be pleased to dissolve the marriage between the
petitioners, solemnized on ….............. by the decree of divorce by mutual consent under section ….............................
b) Such other and further relief's as this Hon'ble Court may deem fit and
proper in the nature and circumstances of the case;
VERIFICATION
I …............................. age :....................... years, residing at ….......... the petitioner
no. 1 do hereby solemnly declare that what is stated in the foregoing paragraphs of the petition is true to best of my own knowledge and belief save and except for the legal submission. Solemnly Declared at ….........
On this ….....................(Date)
Signature of the petitioner no. 1 Advocate
I …............................. age :....................... years, residing at …......... ..the
petitioner no. 2 do hereby solemnly declare that what is stated in the foregoing paragraphs of the petition is true to best of my own knowledge and belief save and except for the legal submission.
Solemnly Declared at ….........
On this ….....................(Date)
Signature of the petitioner no. 2
Advocate
Documents to be attached :
? ID proof of both the parties
( Copy of Pan Card/ Driving license /Aadhar Card / Election Card/ Passport).
? Marriage proof
(Marriage Registration Certificate/ Invitation Card/ Marriage Photograph/ Affidavit of blood relative) (Minimum two documents mandatory).
? Residential proof
(Passport/ Aadhar Card/ Election Card/ any other permissible document).
Additional Documents if required :
? Birth Certificate of minor child.
? Registered document for transfer of property.
? Copy of receipt if articles, jewellery, or utensils are exchanged.
For filing a Mutual Divorce Petition in India, typically, the following documents are required:
- Marriage certificate.
- Address proof of both spouses.
- Photographs of the marriage ceremony.
- Income tax statements for the last three years, if applicable.
- Details of assets and properties of both spouses.
- Evidence or details of the separation period.
- Details of child custody, if applicable.
A Mutual Divorce should be drafted with the consent of both the parties and with the help of a lawyer. The procedure includes the following steps stated below briefly:
Filing of the mutual divorce petition
Appearance by both parties
Passing the order on first motion - 6 months reconciliation time
Appearing for Second motion if the parties are still willing to get divorced.
Decision of the Court.
For further information on Mutual Divorce, click on the link stated below:
Divorce by Mutual Consent
It is essential to remember to the following considerations before and during the filing of the mutual divorce petition:
Both the husband and the wife are required to live separately for one year before filing the mutual divorce petition
A substantial and mutual reason for seeking divorce should be stated
Just and fair agreement on child custody, alimony, property division, etc. should be mentioned.
Assistance of lawyer is recommended for the mentally and emotionally exhausting process
?Get detailed inputs on Mutual Divorce with LawRato’s guides & articles, explained in simplified for layman and personalized guidance from the top-ranked Advocates with LawRato’s interactive features.
Divorce can be a highly stressful experience for all parties involved. Engaging a qualified divorce lawyer can reduce much of this stress by handling the legal complexities and paperwork, allowing you to focus on your well-being and family. With their expertise, experienced divorce attorneys provide invaluable guidance. Utilizing resources like LawRato's Free Legal Advice service can further support you in understanding your options and making informed decisions.
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