How to Get a Mutual Consent Divorce in Bangalore?

Last Updated at: Oct 07, 2020
There is no need to file a separate mutual divorce petition. Court will convert the existing petition to mutual consent divorce petition. On the next date of hearing depending upon the agreement between the parties, court can pass order of divorce if both the parties are present and agree for the consented order.


Mutual consent divorce is the only way, and the simplest way, to split without heartburn. If two people happily enter into a relationship out of their free consent and when the relationship is toxic, the couple will always have the right and freedom to leave it. In MCD you will have the freedom on your own terms as it helps the couple to settle on a good basis, without lawsuits and is less costly and the divorce settlement is not difficult and no alimony in MCD is given and the decision is left to the couple.

A divorce by mutual consent is one that is filed amicably by both the husband and wife, without opposition from either. Therefore, such a petition is filed by both parties. It is a demanding procedure, both mentally and physically, but much less complicated than the long-drawn litigation that follows when there is no consent from one of the parties. To file such a petition, however, the two should have been separated for at least one year. Therefore, a couple cannot simply decide on one day while living together to file a petition for divorce. Let us see how to apply for divorce in Bangalore.

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What is the mutual divorce procedure in Bangalore?

1. Filing the Petition Your lawyers will have you file for divorce at one of the following locations: 1. Where the husband and wife last resided. 2. Where the husband and wife were married. 3. Where the wife currently resides.

2. Grant of First Motion Now that the two parties have filed the petition, they must record their statements in the presence of the judge. As noted previously, it is assumed that the two parties wish to get a divorce of their own volition (i.e. with mutual consent). Therefore, the parties need to state that they agree to the divorce freely. The parties will be required to state their reasons for the divorce and the terms on which they have agreed to separate (visitation rights, custody, etc). In case the parties cannot be in attendance at the court, they may grant power of attorney to any other person (preferably a family member) to speak for them. Once heard, the court grants the First Motion.

3. Cooling-off Period The couple is expected to attempt reconciliation during the ensuing six to eighteen months before they file the second motion, at which point the divorce will be granted. Therefore, the couple must wait at least six months before they can approach the courts once again with the second motion. If either the husband or wife declares to the court that the other was un-cooperative in reconciling, the court may disallow divorce with mutual consent.

4. Second Motion With the end of six months — and up to eighteen months — the couple can file the second motion and the judge will dissolve the marriage.

Divorce Court in Bangalore

Family Court, H Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka 560027 Phone: 080 2223 4656

Cost of Divorce in Bengaluru

It is difficult to estimate the cost of a divorce in Bengaluru, given that it depends on a number of factors, including lawyer’s fees, most divorces tend to cost Rs. 10,000 to Rs. 100,000 in India.

Preparing for Mutual Consent Divorce

A mutual consent divorce requires the husband and wife to be on talking terms. They must agree on a number of important matters, such as maintenance, custody and visitation rights and the separation of finances. This means much discussion even before getting a lawyer. Expect it too uncomfortable, but it is important to try hard to reach an agreement. Because the other route (without mutual consent) is an enormously difficult one that could end up taking years.

A one-year separation is required before filing the lawsuit. There is no need for real physical separation because even though both parties sleep in the same place, they are considered to be separated if they do not live as husband and wife.
A Memorandum of Understanding relating to the terms on which the couple wants to part to ensure that it is correctly formulated and that there will be no room for any potential lawsuits under the terms of the MOU.

A joint petition for mutual consent divorce is to be provided with the marriage date details besides how the husband and wife are living separately and a brief notice on the cause and discrepancies that have arisen between them and this is why they do not live together. Don’t need to offer personal information. Both are expected to file a joint complaint (including no future claims clause), but separate advocates must file their vacuum.

Upon the day of the first motion claims, both husband and wife will sign the joint petition in court and then seek a six-month future date (to rethink their decision) and there will be a negotiation stage and the divorce agreement is issued until they present and sign on the second day.

Furthermore, in a mutual consent divorce, it is much easier to get fairer terms in case of custody of children. It is possible to have shared parenting or joint custody rights. As for the financial aspects of the divorce, you would need to decide the alimony, expenses of the children and how the money will be transferred. It is, of course, not necessary that the husband be solely responsible for this. It can be based on the capacity to pay. Hence, you have checked out the divorce process in Bangalore.