One advocate is enough to file and assist you in the Mutual Consent Divorce Petition. However, there is no limit to it. Both parties can also appoint their own advocate if they wish. Hence, one advocate or even two advocates can be appointed in the Mutual Consent Divorce Petition.
Category: Divorce and Maintenance Law
Sharing Divorce, Maintenance, Alimoney and many other laws relating the same.
Can waive Cooling Period?
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.
Entire Procedure of Mutual Consent Divorce?
Following events are summary of the entire Mutual Consent Divorce:
- File a Mutual Consent Divorce Petition in Family Court (Day 1).
- Both parties to appear and attend mediation / marriage counselling in the Court (Day 1).
- 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).
- Six months cooling period (6 Months wait).
- 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).
- 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?
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.
Which City can we file a Mutual Consent Divorce Petition?
The Place to file Mutual Consent Petition can be decided on the basis of following conditions:
- Where a marriage is solemnised (eg. Mumbai).
- Where both Husband and Wife last resided together (eg. Delhi).
- Where the Wife resides (eg. Gujarat).
Considering the above situation, the couple can file Mutual Consent Divorce Petition in the Family Court of Mumbai, Delhi or Gujarat.
What is a Divorce by Mutual Consent or Mutual Consent Divorce?
A Divorce granted by the Court to the couple solely based on their Mutual Consent for Divorce, which means that both Husband and Wife came together to the Court and filed a Petition before the Court to grant them Divorce as they both wish for the same without contesting (fighting out in the Court) dispute between them
Which is the section for Mutual Consent Divorce?
In a Hindu Marriage Act, the husband and wife can file for Mutual Consent Divorce under section 13B of the Act.
Which Court to file Mutual Consent Divorce Petition?
A Mutual Consent Divorce Petition can be filed by both Husband and Wife at the District Court or Family Court of their Jurisdiction. You cannot file it anywhere else such High Court or Supreme Court.
Who can file Mutual Consent Divorce?
A Mutual Consent can only be filed when both Husband and Wife come together and file the Petition together. One single Husband or Wife can file for Mutual Consent Divorce and expect to succeed it.
As the name suggest that its Mutual Consent Divorce and hence, both Husband and Wife has to mutually agree to file and seek Mutual Consent Divorce without dispute.