Mutual Divorce in India: Everything You Need to Know

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Are you considering a mutual divorce in India? Divorce by mutual consent is becoming an increasingly popular option for couples who want to end their marriage amicably, without the need for lengthy court battles or disputes.

In this post, we’ll cover everything you need to know about mutual divorce in India, including the divorce procedure, divorce law, and grounds for mutual divorce. We’ll also discuss the mutual divorce agreement, divorce settlement, and the role of a divorce lawyer in India.

Divorce Procedure in India: To file for a mutual divorce in India, both parties must agree to the divorce and jointly file a petition in court. The petition must contain a mutual divorce agreement, which outlines the terms and conditions of the divorce settlement. After filing the petition, the court will typically schedule a hearing within 6 months, during which both parties must appear to finalize the divorce.

Divorce Law in India: Mutual divorce in India is governed by the Hindu Marriage Act, 1955, which applies to Hindus, Sikhs, Jains, and Buddhists. For couples of other religions, the Special Marriage Act, 1954 applies. In both cases, the legal requirements for a mutual divorce are similar.

Grounds for Mutual Divorce: Under Indian law, there are several grounds on which a mutual divorce can be granted, including mutual consent, irretrievable breakdown of marriage, and living separately for a specified period. It is important to consult with a divorce lawyer in India to determine the best grounds for your particular situation.

Divorce Settlement in India: The mutual divorce agreement is a crucial part of the divorce settlement in India. It should include provisions for property division, child custody, and financial support, among other things. Both parties must agree to the terms of the agreement before the divorce can be granted.

Divorce Lawyer in India: While it is possible to file for a mutual divorce in India without the assistance of a lawyer, it is highly recommended that you work with an experienced divorce lawyer who can guide you through the process and ensure that your rights are protected. A divorce lawyer can also help you negotiate the terms of the mutual divorce agreement and represent you in court if necessary.

Mutual Divorce Application: To file for mutual divorce in India, you will need to fill out a mutual divorce application and submit it to the court. The application must be accompanied by the mutual divorce agreement and other supporting documents, as required by the court.

In conclusion, mutual divorce in India can be a straightforward and amicable process, provided that both parties are willing to cooperate and work together to reach a fair settlement. By understanding the divorce procedure, divorce law, and grounds for mutual divorce, and working with a qualified divorce lawyer, you can ensure that your mutual divorce in India goes smoothly and efficiently.

Can waive Cooling Period?

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Yes, the Cooling Period is now possible to waive. However, it is not that in every case the cooling period will be waived. After the Supreme Court Judgment in 2017, one can make an application for waiver of cooling period on specific ground of urgency and it is on the discretion of the Judge to decide whether the Cooling Period should be waived or no.

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Entire Procedure of Mutual Consent Divorce?

Following events are summary of the entire Mutual Consent Divorce:

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  1. File a Mutual Consent Divorce Petition in Family Court (Day 1).
  2. Both parties to appear and attend mediation / marriage counselling in the Court (Day 1).
  3. After marriage counselling, file First Motion (Affidavit) and appear before the Court / Judge and the Judge shall give a six months date as next date (Day 1).
  4. Six months cooling period (6 Months wait).
  5. On next date i.e. after six months from filing the Petition, both parties to appear and attend mediation / marriage counselling in the Court (6 Months).
  6. After marriage counselling, file Second Motion (Affidavit) and appear before the Court / Judge and the Judge will grant you Divorce and say that the marriage is dissolved (6 month).

Hence, above the entire process / procedure. Not more than six months.

Can I file a Mutual Divorce on my own / individually?

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Sorry but one Husband or Wife cannot just file a Mutual Consent Divorce Petition on their own without the consent of the other person. If the other spouse is not signing the Petition then the Mutual Consent Divorce Petition cannot be filed or granted. Just like the name suggest, both Husband and Wife have to come together and file Petition mutually.