INTRODUCTION
In India, mutual divorce is a legal process where both spouses agree to end their marriage amicably. This type of divorce is generally less stressful and costly compared to other types, as both parties agree on the terms of separation. To file for mutual divorce, the couple must have lived separately for at least one year before submitting a joint petition to the court. Have a look at this family court lawyers in chennai
FILING A MUTUAL DIVORCE PETITION
The mutual divorce process in India starts by filing a Joint Petition under Section 13-B of the Hindu Marriage Act in the family court of the relevant jurisdiction. This petition is submitted in two stages or motions. The divorce decree is granted in two steps:
- First Motion: The first step is to file a petition for the decree of divorce. This petition is a formal request by both parties to dissolve the marriage, citing that they can no longer live together due to irreconcilable differences.
- Second Motion: After a minimum of six months from the date of the first motion, the couple can file for the second motion. This step finalizes the divorce, and the court grants the final decree of divorce.
STEPS INVOLVED IN THE MUTUAL DIVORCE PROCESS
If you plan to file for a mutual divorce in India, here are the steps you need to follow:
- File a Joint Petition: This petition should state that both individuals wish to end their marriage and have agreed on all matters, including the division of property, assets, and child custody.
- Appear in Court: After filing the joint petition, both parties must appear in court on the scheduled date. They are expected to attend the court proceedings with their respective lawyers.
- Court Scrutiny: If the court is satisfied with the terms of the divorce and the authenticity of the documents, it will record the statements of both parties under oath.
- Recording the Order: Once the statements are recorded, the court issues an order for the first motion. The court then grants six months before the parties can apply for the second motion.
- Appearing for the Second Motion: After six months, the parties can file for the second motion. This step is the final opportunity for reconciliation.
- Court’s Decision: If the court is satisfied with the mutual agreement and all legal conditions are met, it grants the divorce, legally ending the marriage.
REQUIRED DOCUMENTS FOR MUTUAL DIVORCE
To file for a mutual divorce, you will need the following documents:
- Marriage certificate
- Address proof of both husband and wife
- Four photographs from the marriage
- Income tax statements for the last three years
- Details of profession and income (such as salary slips and appointment letters)
- Details of property and assets owned
- Information about the family of both parties
- Proof of living separately for at least one year
- Evidence of Failed Reconciliation Attempts
TIME REQUIRED FOR MUTUAL DIVORCE
The time required for a mutual divorce in India can vary depending on the court’s workload and the complexity of the case. Generally, the process takes between six months to one year.
