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How to file a Mutual Consent Divorce in India?

To file a divorce in India, you must begin with filing a divorce petition. Then go for the trial. And then wait for the divorce’s final order.

What is Divorce?
Divorce dissolves a marriage legally. Divorce ends the matrimonial alliance of spouses. Thus, it terminates their marriage.
In India, there are different religious communities. They bind to other divorce laws. Therefore, they have different procedures for filing a divorce.

Considering Hindu Divorce Law, there are two types of divorce – Mutual Consent Divorce and Contested Divorce.

Mutual Consent Divorce:
The Hindu Marriage Act’s Section 13-B provides for mutual divorce.
It happens on a mutual basis. In this, both parties agree to separate peacefully. They file for a mutual consent divorce. It is a smoother process than any other means of divorce.

What are the requirements for filing a Mutual Consent Divorce?
The requirements for filing a Mutual Consent Divorce are:
Both the parties should agree mutually.
They should live separately for at least one year.
Both of them can’t live together.

Where to file a Divorce Petition?
According to Section 19 of the Hindu Marriage Act, 1955, the divorce petition can be filed in the District Court where :
The last time the couple resided together
their marriage was solemnized
Neither of them currently resides

What is the process for filing a Mutual Consent Divorce?
The procedure to file for a Mutual Consent Divorce in India is –

Filing the divorce petition –
Draft a petition. Please state the reason and mutual consent in it.
Hire a divorce lawyer to file the petition before the family court. There are many divorce lawyers in Dwarka court.

Appear Before the Court –
The Court scrutinizes the petition and related documents. Then it will pass on the order for recording the party’s statements on oath.

First Motion –
Then, the Court passes the first motion. In this, six months are given to both parties with the hope of reconciliation.

Second Motion –
Both the parties have to appear for the second motion. The date will be within 18 months of filing the divorce petition.

Final Hearing –
If the couple agrees to separate, they must appear for the final hearing.

Divorce Decree –
The Court dissolves the marriage in the final hearing by passing the divorce decree.

What are the document requirements for Mutual Consent Divorce in India?
You need the following documents to file a Mutual Consent Divorce in India are :

Marriage Certificate
Address proof of both the couple, i.e., husband & wife.
Photographs of both of them
Proof of unsuccessful reconciliation
Evidence showing they’re at least one year separation period
Profession and income-related details of both of them
Income tax statements for the last three financial years
Information about their family backgrounds
Elements of property and assets owned

The cost of divorce may vary according to the lawyer you are hiring. However, the minimum charges of hiring a divorce lawyer in Dwarka could range from 25,000 to up to lakhs.



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