Are you looking for a step-by-step guide that explains the mutual divorce procedure in India? Here are all the details you need to know.
A mutual divorce is an act of formally ending a marriage between two people when they have both reached a consensual agreement to dissolve their union. A joint petition is filed in the court by both the husband and the wife, who not only agree that a divorce should happen but also agree on the terms of the divorce.
Deciding to go through a divorce is one of the most challenging situations any person may face. Here’s a look at the divorce process to equip you with the required information.
How to Start a Mutual Consent Divorce Case
The mutual divorce procedure in India can be initiated by filing a petition in a Family Court in either of the 3 following locations:
- The location of the current residence of the husband
- The location of the current residence of the wife
- The location where the two people last lived together as spouses.
Stages of the Divorce
Step One: Submitting the Divorce Application
It must have the signature of both partners. The application should also reflect the mutual decisions made by them regarding the custody of children, if any, the division of assets, etc. There will be a fee required for submission.
Step Two: Assessment and Court Appearance
Both the parties should be present during the court hearing. The court will carefully examine the documentation and reasons given for the divorce. It might be suggested to the couple to try and reconcile with each other, but if that option doesn’t seem viable, the court will move ahead with the proceedings.
Step Three: Recording of Statements
After a thorough inspection of the documents, if the court is satisfied with all conditions, it will decide to take up the case and go ahead with the proceedings. There will be a hearing of under-oath statements by both parties, which will go on official records.
Step Four: First Motion is Passed
The petitioners are given 6 months to decide if they would still like to get divorced. They can file for the second motion anytime after 6 months and before 18 months of filing the case. According to the Supreme Court: https://main.sci.gov.in/, any citizen has the freedom to waive any ability to forfeit the effect of a rule or regulation designed only for the interest and welfare of the citizen in his personal position, which may be dealt with without compromising on any public freedom or social good.
Step Five: Applying for the Second Motion Followed By Court Decision
Any request to go ahead with the mutual divorce procedure in India after the closure of the 18 months will not be valid. If the couple files for the second motion at the right time, this again requires the attendance of all spouses and the transcription of testimonies made on oath in front of the court. By looking at the participants’ testimonies and the evidence and situational factors of the dispute, the court might decide to terminate the marriage.
FAQs About Mutual Consent Divorce
What happens if mutual consent is obtained by coercion?
The court is responsible for ensuring that the consent was not gained deceptively. If the court cannot decide if the consent was willingly granted, the divorce cannot be considered mutually consensual. If the permission to divorce is gained via coercion or intimidation, the party in question may seek an appeal to have the decision overturned
Is the presence of the parties required to get a ruling?
During the first and second motions, both applicants must appear in court. This is important because in case the petition isn’t filed on mutually consensual grounds, the court will be able to determine that it’s an invalid case. The court will also push for reconciliation and compromises, and it requires the presence of both parties.
An Individual can be exempted from appearing in court only in rare and exceptional cases. However, in most cases, both parties must stay involved during all stages of the mutual divorce procedure in India. Appearing before the court to understand and stay updated on the case is in the couple’s best interest.
In a mutual consent divorce, how might a lawyer help?
Lawyers can help take the load off of you during a Divorce Alimony so that you are not overstretched and can take care of your family. The main help is seen while filing the initial paperwork. It’s not common for regular people to know law-related terms, and some things might also be left out during the composition if you do it yourself.
It is recommended to get your paperwork done by an experienced lawyer so the court proceedings can go on without halting technical matters. You and the other person wanting a mutual divorce should have your respective lawyers. The lawyers will also help the court in cross-examinations.
Is It Possible to Remarry After Filing for a Mutual Consent Divorce in India?
Any individual filing for a mutual consent divorce cannot remarry if the Court hasn’t officially ended the previous marriage.
Section 15 of the Hindu Marriage Act of 1955 focuses on when a divorced individual can remarry. Previously, Hindus could only remarry after a 90-day waiting period provided that no appeals were pending.
The court, however, made a new judgment stating that once all of the formalities are completed, the divorcee is entitled to remarry at their leisure.
Final Thoughts
A mutual consent procedure in India might seem intimidating, but it can proceed smoothly once you understand all the factors involved. Having the consent and help of the other party helps the case become easy to follow. The couple is given frequent and sufficient chances to reconsider their decision, and a court decree is only finalized after a rigorous inspection of the evidence. The mutual divorce procedure in India can last more than 18 months; however, the 6-month waiting period after the first motion is passed can be waived off if the Court wishes. In so many ways, a mutual decision helps the case go by much faster than other types of divorces.
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