Procedure to file a mutual divorce in India
Follow these steps carefully to proceed with a mutual divorce in India.
Step 1. File a joint petition
First, a legal notice for divorce is to be filed at the relevant family court. This joint petition is signed by both parties, stating that they no longer wish to continue the marriage due to irreconcilable differences between them. This statement also holds the mutually agreed details of settlement including property, assets, children, etc.
Step 2. Appearing in the court
Once the joint petition is filed, both parties are required to appear in court as per the date issued. During this process, both parties are expected to appear in court with their respective counsels.
Step 3. Scrutiny of the petition by the court
Once the petition is filed and both parties appear in the court, the court scrutinizes the petition and documents. If the court is satisfied with the conditions of the divorce and the documents submitted, it will then order the recording of the statement of both parties on oath.
In a few cases, the court might attempt to get the parties to reconcile their marriage.
Step 4. Recording the order and passing the statement
Once the statement of the parties is recorded, the court passes an order of first motion. Once this is through, the court will grant 6 months before the parties can file for the second motion, which must be done within 18 months of the date of filing.
Step 5. Appearing for the second motion
Once 6 months have passed, the parties can file for the second motion. The 6-18 months are granted to utilize any scope of reconciliation. However, if the parties still wish to proceed, there is only one more step ahead.
Step 6. Decision of the court
Upon the absolute agreement of both parties to end the marriage and complete satisfaction of the court, the divorce is granted, putting a legal end to the marriage between the parties.
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Documents required to file a mutual divorce
Usually, the individuals opting for mutual divorce tend to be more prepared for the proceedings. One of the most important parts of being prepared for mutual divorce is to prepare the documents in advance. This helps to speed up the process and avoid any time-consuming complications in the court of law.
Even though the below-mentioned is the list of documents that are usually required to file a mutual divorce case, it is always recommended that you get in touch with a legal professional before assembling the documents.
You can easily consult a lawyer from the comfort of your home through a legal assistance platform, Rest The Case which provides virtual legal support and verified listicles of trustworthy and qualified lawyers around your city.
With or without one, this is the list of documents that you MUST assemble before filing the case.
- Marriage certificate
- Address Proof - Husband and Wife.
- Four Photographs of Marriage.
- Income tax Statement for last 3 years.
- Details of profession and Income (Salary slips, appointment letter)
- Details of Property and Asset owned
- Information about family (husband and wife)
- Evidence of Staying separately for a year
- Evidence relating to the failed attempts at reconciliation
Conditions for Mutual Divorce - Section 13 – B
The following criteria have to be satisfied while filing the aforesaid joint Petition before the Court:
One Year Separation
- The parties have been living separately for one year or more, and they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
- The period of living separately for one year must be immediately preceding the presentation of the Petition.
- "Living separately" connotes not living like husband and wife, and it has no reference to the place of living.
Slot of 6-18 months between the First and Second Motion
- Both the parties, in between the motion, made no 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
- The period of 6 to 18 months provided in section 13B is a period of interruption intended to give the parties time and opportunity to reflect on their move.
Mutual Consent
- Mutual consent should continue till the divorce decree is passed.
- If there is no consent at the time of an inquiry, the Court gets no jurisdiction to make a decree for divorce.
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