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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra | Updated: Jul 30, 2019 | Category: Legal

How to file for mutual divorce in Delhi: 5 key points

Divorce by mutual consent is a simple way for dissolution of marriage. A mutual consent divorce stands for peaceful divorce, where both the parties have mutually decided to part ways. It makes the whole process easier. And if either the husband or wife is not giving their consent then they cannot be granted the divorce under mutual consent. Here in this article, we will talk about mutual divorce, the conditions for mutual divorce, and the process for filing a mutual divorce in Delhi.

Introduction

In simple language, the legal termination of marriage is called divorce. It involves a long and lengthy legal procedure. India has a diverse religion and cultural diversity, and every religion has its own marriage laws and divorce procedure depending upon the religion.

All the Hindus, Sikh, Buddhists, and Jains are covered under The Hindu Marriage Act, 1955. Muslim couples wanting to get a mutual divorce can do so under The Muslim Marriage Act, 1939. If the couple belongs to different communities the Special Marriage Act, 1956 govern them. 

Mutual Consent Divorce in Delhi

A petition can be presented for the dissolution of marriage by a decree to the District Court by both the parties to marriage together on the basis that they have been living separately for a period of one year or more, and have mutually agreed that for dissolving their marriage.

If both the parties seek divorce by mutual consent, then they can file a petition before a family court or district court in Delhi. If the couple wants a mutual consent divorce, it means both the husband and wife want a peaceful separation rather than a divorce in Court.

Section 13-B of the Hindu Marriage Act, 1955 and section 28 of the Special Marriage Act talks about mutual divorce.  In all these sections, one essential criteria is to live separately for a specific duration before filing a petition, but this does not mean they have to live separately in different locations. All they need to do is to provide that they have not been living as husband and wife.

A mutual consent divorce is the simplest way to get rid of a bad marriage and dissolve it. Both parties have to decide on the few issues like alimony, maintenance, and child custody.

Mutual Consent Divorce under Hindu Law

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

What are the Requirements for mutual divorce?

Here are few conditions which are required for filing a mutual divorce in Delhi-

  • Both the husband and wife should live separately for one year or more.
  • They can’t live together
  • Both of them have mutually agreed that they want to dissolve their marriage.

Where can you file for a mutual divorce petition?

Place of filing mutual divorce petition

Advantages of Mutual Divorce

  • A mutual divorce petition saves the time, money, and energy of both the parties.
  • Through this, the parties avoid getting into an unnecessary quarrel during the divorce proceeding.

Filing a mutual divorce petition: 5 Key points to know

  • The parties have to wait for a minimum of one year from the date of marriage.
  • Furthermore, they have to live separately for a minimum period of 1 year or more before filing the petition.
  • Both the parties can file a mutual divorce petition in any family court of the City or District where both the parties resided together or where the wife was residing.
  • The total cost for filing a divorce petition is around Rs. 25,000 to Rs. 75,000/-. (This cost includes the cost of hiring advocates and the documentations)
  • The whole process takes around one year from the date of filing the divorce petition. This time duration varies from case to case.
File a mutual divorce petirtion in delhi

Procedure for filing Mutual Divorce Petition in Delhi

The divorce petition has to be in the form of an affidavit, which can be submitted to the family court. When the parties file the petition and record the statement, the Courts adjourn the matter for a period of 6 months. Following is a step by step procedure for filing petition in Delhi-

Step 1: Filing Petition

Firstly, the husband and wife both file a petition for mutual divorce at any place decided by the parties. This petition has to be signed by both parties.

Step 2: Grant of First Motion

After the petition is filed, the parties record their statements in front of the Judge. The parties have to mention that they have mutually decided to take divorce. They have to state the reasons for divorce, and the various different terms mutually agreed upon. After this, the Court grants the first motion. The parties have to sign the petition and submit it before the Judge.

Step 3: Cooling-off Period

This period is generally given by the Courts to reconsider the idea of divorce. The Court gives 6 to 8 months before filing the second motion, after which the divorce is granted. A couple has to wait for a minimum of 6 months before they can approach the Courts once again with the second motion. If any of the parties declare that the other party is uncooperative in reconciling, they might disallow the petition for mutual divorce.

Step 4: Second Motion

The couple has to file the second motion in 6-18 months, after which the Judge will dissolve the marriage.

Document Checklist for Mutual Divorce

The following documents are required in mutual divorce cases:

  • Address proof of husband and wife
  • Details of the profession of the petitioner with the present remunerations along with the income tax details of the last 2-3 years.
  • All the details about the family background and assets of the petitioners.
  • Marriage Certificate
  • Documents showcasing the fact that they were living together
  • Evidence showing that they have failed in reconciling.

This is an exhaustive list and depends on the grounds of filing the divorce petition.

Can I withdraw my petition for a mutual consent divorce?

The Bombay High Court inJayashree Ramesh Londhe v. Ramesh Bikaje Londhe held, if the consent is given voluntarily, then it is not possible to withdraw the consent.

Order 22, Rule 1 of the Code of Civil Procedure states that if one or more parties jointly file a suit then such suit or part of a claim cannot be withdrawn by one of the parties.

Conclusion

Getting a mutual divorce is complicated yet simple, which involves tedious work. The common people don’t have knowledge about the procedural requirement and need expert help. Therefore it is a must to get expert advice for mutually filing a divorce petition.

For assistance in mutual divorce contact our team of experts at LawyerINC.

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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra

Pallavi is a Legal Associate at Lawyerinc. She is graduated from Gujarat National Law University having areas of expertise in Legal and financial content writing. She is having keen interest in legal research, drafting and legal advisory. She likes to keep herself updated with the changing face of legal arena.


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