Mutual Consent Divorce is the Simplest Way to Obtain a Divorce decree in India. Mutual Consent Divorce is Granted by The family Court when Both parties to marriage i.e. Husband and Wife Mutually agree to Divorce.
Advantages of Mutual Divorce:
- No need to give reasoning for Divorce , No washing dirty linen in Public, Your privacy is well Guarded.
- This form of Divorce is Quick and Cost effective and
- If all papers submitted are satisfactory the hon’ble court Grants it Without Delay.
- Peaceful way of Obtaining Divorce.
Laws Governing Mutual Divorce:
In India we have separate personal laws depending upon which Religion One belongs, therefore your religion determines which law shall govern your marriage and Divorce Procedure.
Therefore:
- The Hindu Marriage Act, 1955 applies to Those belonging to Hindu, Sikh, Buddhists, and Jains Religion.
- Special Marriage Act: applies to Those Couples who have opted for Court marriage or Couple belonging from Different Religion.
- Divorce Act, 1869: Applies for those belonging from the Christian Religion
- The Muslim Marriage Act, 1939 Governs the laws Related to Marriage and Divorce for Muslim Couples.
What are the Advantages of Filing Mutual Divorce
- Since Divorce by Mutual consent is the fastest and simplest ways to obtain Divorce therefore it saves time, money and energy.
- Unnecessary quarrel amongst Couple is avoided.
- Privacy is safeguarded of the Couple.
Essential Requirements For Mutual Divorce are as follows:
- Husband and Wife has to be living Separately For One year.
In case of Christians Two Years separation is Prescribed. - This separation means no Congenial Relationship for the prescribed period; and
- Husband and wife mutually agreed to the desire to dissolve their marriage.
To File for mutual Divorce The Couple have to Mutually agree upon certain facts Before Filing the petition they are:
- Custody of child;
- Alimony (lump sum maintenance to be decided between parties;
- Return of items i.e. dowry, streedhan, etc;
- Litigation expenses
Facts To Know before filing Mutual Consent Divorce:
- One year separation period Must before Filing The petition and two years in case of Christians.
- The couple can Submit a Joint petition For mutual Divorce in the family Court or District Court where:
i.Where they Last Resided
ii. Where the marriage took Place
iii. Where the Wife Resides
iv. The entire Process takes 6 Months.
v. Couple can extend the period of second motion till upto 18 months
vi. This period can be Shortened to within 3 months by Filing a separate application to waive off Cooling period of Six months. (This entire Depends on the Discretionary powers of the Judge)
Documents Required to File a Mutual Consent Divorce:
- Proof of Address of Both parties i.e. Aadhaar Card/Passport/Electricity Bill/Ration Card (either one of them)
- Marriage Certificate
- Wedding Card
- Marriage Photograph
- Passport 4 Passport size Photographs
This is an exhaustive list and depends on the grounds of filing the divorce petition.
Procedure to File Mutual Consent Divorce Petition:
Petition to file for Mutual divorce:
The First step is to File a Joint petition in the family Court/District Court in the Correct Jurisdiction mentioned in the Graph given above. the petition should contain that both are unable to live together and have mutually agreed to dissolve the marriage and that they have been living seperately for a period of one year or more. the petition is to be duly signed by Both parties.
First Motion:
After the petition is filed and accepted by the Court a date for First motion is given.
Respective lawyer will present the Mutual petition before the Hon’ble judge.
After Critically examining the documents and the petition presented in the court. The Hon’ble judge may upon being satisfied direct the court to record the statements of parties, then the parties have to both sign and give thumb impression in the petition (party’s statements to be recorded on oath) and submit it before the Judge. The Court will than grant the first motion.
Cooling-Off Period
After the Completion of First motion a Cooling period of six months is given, before the Second motion can be filed.
This period is given to the couple to reconsider their decision. If they agree upon to co-habit, give each other a chance, the couple may appeal before the court to cancel the mutual Divorce petition, which the court will happily do so.
Second Motion:
After six months of the first motion or at the end of the reconcile period/colling off period If both parties still don’t agree to live together and desires to go for second motion. they may file for second motion between a time frame of six to eighteen Months.
The second Motion also known as Final hearing of a Mutual Consent Divorce includes parties having to appear and record their statements before the Family Court.
Judge Grants Decree of Divorce:
Finally before Granting Divorce Decree the hon’ble court will satisfy itself that both parties have settled matters related to alimony, custody of a child, maintenance, property, and such other things amicably and that there remains no disagreements between the parties. the court will finally grant a Divorce Decree.
Mutual Divorce is Non-Appeal able:
Once the Court Grants a Divorce Decree in Mutual Consent it cannot be Challenged nor can you file for appeal in Higher Court Challenging the Decree at a later date, It is the Final Order and nothing can change it. This is Because Mutual Divorce is a Consenting Decree of Divorce.
Written by Adv Rohit Yadav