Divorce Process By Mutual Consent in India

Author - Mansi Patel

What Is Divorce By Mutual Consent

Mutual Divorce process of ending marriage legally. A divorce takes place when husband and wife both are not willing to live with each other and they do not want to carry their marriage anymore. Divorce by Mutual Consent is when a couple is agreeing mutually for dissolving their marriage. 

Mutual divorce procedure in India is comparatively less expensive and less distressing. The most common reasons for mutual divorce are lack of commitment, constant arguments and nagging, disloyalty, immaturity due to marriage at a young age, unrealistic expectations, lack of preparation for marriage, lack of equality in the relationship, and abuse.

Conditions Apply For Mutually Consented Divorce

Few conditions are applied while applying for the mutually consented divorce petition.

1. The couple must be living separately for a minimum of a year.

2. The couple should mutually agree for the divorce.

3. The couple is unable to live together.

4. The marriage duration should be a minimum of a year.

Important Aspects While Applying For Divorce

When a couple is mutually agreeing to apply for divorce, following important aspects should be considered:

1. If a couple has a child or children then they should be thought about the child custody that means which partner would keep the child or children after divorce.

2. If one of the partners is unable to get enough for their living then they can ask for maintenance or alimony. This is a mutual understanding between the couple.

3. Property and assets ownership rights settlement should also be discussed.

Documents Required For Mutual Consent Divorce

Common documents required to apply for the divorce petition are:

1. Marriage Certificate

2. Address Proofs of Husband and Wife

3. Four Photographs of Marriage

4. Income tax Statement of last 3 years

5. Details of profession and Income such as Salary slips, appointment letter, etc.

6. Details of Property and Assets owned

7. Information about family background

8. Evidence of staying separately for a year

9. Evidence relating to the failed attempts of rapprochement

Where To File A Petition For Mutual Consent Divorce

Once ready to file the petition for a mutual consent divorce, it can be filed at any of the following places:

1. Place where marriage has been taken place

2. Place where a couple last resided together

3. Place where a wife is residing at the time of filing petition

How To File For Mutual Consent Divorce

There are several steps involved to get the divorce by mutual consent. The procedure generally starts with filing a petition under the Hindu Marriage Act. Following are the steps to file for mutual consent divorce:

1. Filing a joint petition - Both the parties file a joint petition in their respective family court. This petition will be signed by both partners. This joint petition consists of a statement from parties which states that due to their incompatibility they cannot stay together and seeking a grant for divorce. Also, it should be mentioned about the children custody and property & asset settlement in the statement.

2. Both parties court appearance - Parties need to appear in the court with their counsels after filing a divorce petition on a given date by the court.

3. Petition scrutiny by the court - The court scrutinizes the petition along with the submitted documents. Once satisfied with the submitted document and petition, the court orders to record the statement from both the parties.

4. Statement recording and passing of the order on the first motion - Court passes an order on the first motion after recording the statements of both parties. The court is giving six month’s time to think about reconciliation. This period is called a cooling-off period. Recently, the Supreme Court has categorically stated that six months period is not mandatory and can be waived off depending upon the preference of the court.

5. Appear for second motion - After 6 months if the couple still does not want to continue the relationship then they is required to file for second motion. The second motion should be filed within 18 months from the date of filing petition for the first motion. This again involves the presence of both the parties and recording the statements under the oath before the court.

6. Court decision - In mutual divorce procedure, both parties require to completely agreeing for the dissolution of marriage. And the court also requires completely satisfied with them to declare the decision. The court gives the appropriate orders on the basis of statements recorded and referring to the facts & circumstances of the case and dissolves the marriage. The court then passes the declaration of the divorce and therefore the divorce becomes final.

Conclusion

Ending any relationship is really painful. And if considering marriage then it is emotionally and mentally disturbing. However, if a couple is not comfortable to carry the relationship further then ending it would be better. The mutual divorce is better than a contested divorce. Mutual consent divorce avoids unnecessary quarrels and saves lots of time, money & monetary resources. Among all the applications filed for divorce, mutual consent divorce process in India is one of the best-given choices.