Updated on May 14, 2022 12:10:16 PM
“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.
|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 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:
|Preliminary Telephonic Consultation||Same Day|
|Telephonic Consultation with Advocate||Within 2-3 Days|
|Video Conferencing Consultation with Advocate||Within 2-3 days|
|In-Person Consultation with Advocate||Within 2-3 days|
|Instant Telephonic Consultation with Advocate||Within 24 hours|
Consultation with an advocate can help you understand the overall process and even save your time and effort. So we highly recommend you to first consult with the lawyer and then proceed further accordingly. The process of reaching us out is pretty simple. All you have to do is just follow the 3 simple steps:
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:
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