Updated on December 24, 2024 11:46:08 AM
Mutual Consent Divorce is no longer taboo in India.” People are slowly recognizing the harsh realities of their marriages and making choices to enter healthier ones.
Divorce Matrimony is complicated! But so are relationships as well that could harm your physical and mental health.
Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words, when both the parties(husband and wife) mutually agreed to divorce, then it is called Mutual Consent Divorce.
Since the decision has been made, it’s time to terminate the marriage on proper legal grounds. The question in mind, “how to get a mutual divorce,” would be answered here. Let’s start this by understanding the laws under which divorce in India is legalized. India is a diverse country, compiles so much diversity in religions. Every religion has its faith and norms about marriage; therefore, there are separate mentions of laws in the constitution about divorce between couples in different religions.
| Religion | Law |
|---|---|
| Hindu, Sikhs, Jains, and Buddhists | Hindu Marriage Act 1955 |
| Muslim | Muslim marriage is a contract under Muslim law |
| Christian | Indian Christian Marriage Act 1872 and the Divorce Act 1869 |
| Parsi | Parsi Marriage and Divorce Act 1936 |
Also, the Special Marriage Act, 1954 applies for divorce in inter-religious marriages.
But before thinking of applying for Mutual Consent Divorce, one should keep few things in mind with regards to this. As per the Hindu Marriage Act 1955, section 13B states that there must be the following conditions fulfilled for Mutual Consent Divorce:
After knowing about the laws regarding divorce in India, you might want to know where to file a petition for Mutual Consent Divorce?
The couple can apply for mutual divorce in the Family Court of the city where they last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides.
While filing a petition for mutual divorce, certain documentation must be attached to the petition. The documents that are mandatory for filing Mutual Consent Divorce are as follows:
The process for getting a divorce on mutual consent is a multi-step process. The procedure for Mutual Consent Divorce in India is as follows:
The divorce petition should be filed by both the parties(husband and wife) with mutual consent. The petition consists of the reasons for divorcing and all settlements regarding their child and property. Then it is sent to the family court for further decision.
Once the petition is filed both sides must be present before the Family Court Judge. During this appearance, the petitioner looks at the petition, the parties give their statements and the Court makes sure that divorce is filed keeping mutual consent and free from the coercion. Before the court can move on, it may want to have questions regarding how the child will be cared for, and the property, settled.
After hearing statements of both sides, the court passes the order for the First motion. There has to be a cooling-off period of six months for the couple to rethink their decision (which can be waived off according to the decision of the supreme court, if both the parties are living separately for more than 18 months before filing the first motion). Generally, filing for the Second Motion of order can be done within 18 months of the first-order motion. If the divorce decision remains unchanged, then both of them file for a second order of motion.
After having both the motion of orders, the court passes the final decree for Mutual Consent Divorce This decree states that all contracts, being child custody and the like, have had to be reviewed and approved. The court will dissolve a marriage if it is satisfied that the dissolution is mutual, voluntary and lawful. As soon as the decree has passed, the couple has become divorced legally, and they can live on their own and put an end to their marital relationship.
The overall cost for getting a mutual divorce could vary from condition to condition. There could be two hearings or more than two in the court for the mutual divorce. Things get more clarity after consultation with expert lawyers in family matters
The charges for consultation on mutual divorce is displayed below:
| Service | Fees | Response Time |
|---|---|---|
| Preliminary Telephonic Consultation | FREE | Same Day |
| Telephonic Consultation with Advocate | ₹999 | Within 2-3 Days |
| Video Conferencing Consultation with Advocate | ₹1,799 | Within 2-3 Days |
| In-Person Consultation with Advocate | ₹1,999 | Within 2-3 Days |
| Instant Telephonic Consultation with Advocate | ₹1,499 | Within 24 Hours |
While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time, he will also inform you that the following are the requirements while the process of divorce is going on:
Mutual consent divorce is made easy with expert legal support and transparency from Litem Legalis. Filing the petition to final decree with all legal formalities in place – that’s our job. Our experienced family lawyers will guide you through the whole process. All services and costs including consultations and hassle-free processes that designed to fit your needs. Litem Legalis is an accessible and reliable source that quickly resolves, freeing your time and effort and allowing you to be at peace knowing it’s probably done right.
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Mutual divorce in India offers couples a respectful way to end their marriage based on mutual consent and is a sign of changing social standards in India. It reduces the emotional and financial stress typically associated with extended legal disputes by emphasising cooperation and consensus.
However, even while it represents a progressive legal system, it also emphasises the need to raise awareness and make sure that the process is free from compulsion. Mutual divorce ultimately serves as a testament to the harmony between tradition and the evolving nature of partnerships in contemporary India.
Mutual Consent Divorce is a legal action taken by both husband and wife when they decide to end their relationship and get divorced on a mutual basis. In simpler words when both the parties(husband and wife) mutually agreed to divorce then it is called Mutual Consent Divorce.
A contested divorce is the option if someone doesn’t want to get divorced with mutual consent.
According to Hindu Marriage Act, a person can remarry after 90 days of the decree for divorce on mutual consent.
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