How To File For Mutual Divorce In Delhi
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
- 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.
- 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
- The Muslim Marriage Act, 1939 Governs the laws Related to Marriage and
Divorce for Muslim Couples.
Section of each Act Dealing in Mutual Divorce:
Hindu Marriage Act, 1955: Section 13B of The Act has given both husband and wife a right to get their
marriage dissolved by Mutual Consent Divorce.
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the petition is not withdrawn in the mean time, the Court shall, on being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.
Special Marriage Act: Section 28 of the Special Marriage Act, 1954 provides for Divorce by mutual
consent for those who have registered their Marriage under Special Marriage
Act. Special Marriage Act applies to Inter-Religion Marriages and Court
Divorce Act, 1869: Those married Under Christian Laws can Obtain a mutual consent divorce under
Section 10A of the Divorce Act, 1869
What are the Advantages of Filing Mutual Divorce
- Since Divorce By Mutual consent is the fastest and simpliest wasy to
obtaion Dovorce 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
- Husband and wife mutually agreed to the desire to dissolve their
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
Where Can You File For A Mutual Divorce Petition?
The Jurisdiction of Filing Mutual Divorce Petition are:
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)
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.
After the petition is filed and accepted by the Court a date for First motion is
give (in some places same day of Filing)
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.
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 descision. If they aggree
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.
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
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
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.
- To File Mutual Consent Divorce in Delhi and NCR
Contact Adv.Tapan Choudhury at Ph no: 9650499965 (Available
- To File Mutual Consent Divorce in Pune
Contact NirDita Law Firm at Ph no: 8851978611 (Available
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