Mutual consent divorce happens when husband and wife agree on a mutual understanding to dissolve their marriage without contention. Section 13B of the Hindu Marriage Act 1955 provides for mutual consent divorce. Legal team at Divorce Lawyer Delhi will educate you about the pros and cons of mutual consent divorce and help you accordingly to achieve one if you are, unfortunately, on the verge of seeking separation from your spouse.
Conditions to invoke section 13B of the Hindu Marriage Act
- You should be living separately from your spouse for one year of more.
- Husband and wife consider themselves unable to be living together.
- Both spouses agree on the fact their marriage can get along no more, and should be dissolved amicably.
Why Mutual Consent Divorce Is Beneficial?
You don’t have to go to a trial and fight the case. With a lawyer from Divorce Delhi Lawyer by your side, the process saves you time and money. Perhaps the greatest benefit of a mutual consent divorce is that both parties save themselves from washing their dirty linen in public.
How does mutual consent divorce work?
Are there any court appearances in a mutual consent divorce? Yes, probably a couple of them.
- You are required to draft a joint petition which is filed in the court after both parties sign it.
- Statements of both parties are recorded and signed before the Honorable Court.
- The court will give you a six month reconciliation period.
- After six months pass, both parties appear before the court for the final hearing.
- In the end the Court issues the divorce decree as it deems fit.
Note to remember: The presence of wife’s either parent at the time of hearing is necessary in Delhi and NCR region.
Mutual Consent Divorce In Case Of Court Marriage
This kind of divorce is governed by The Special Marriage Act, 1954. Section 28 of the act provides for it if both parties have been living separately for one year, and both agree that the marriage should stand dissolved.
Who Will Draft And File The Petition For Me?
Understanding the law carefully and drafting a petition which doesn’t become a stumbling block for you are technical tasks which Divorce Lawyer Delhi’s legal team can effectively handle. You need a competent person to appear for you in at the time of hearing. Out lawyers can help you make this excruciating process smooth.
You can reach a mutually agreed-upon divorce in India with your spouse. This will resolve any disputes about maintenance, child custody, and so on. This is not possible for marriages that are registered under Muslim personal laws.
A petition must be filed for divorce without mutual consent. This includes grounds like the spouses not living together for at least one year or irretrievable breakup of marriage.
For the purposes of recording your statement in court, you must appear twice in court in the case of mutual consent divorce. Many courts have now implemented video/camera conferencing. You can record your statement via the video conference, but it all depends on the court. There are many complications.
In the event of mutual consent divorce, the parties file a joint petition for divorcement.
A common advocate can be hired by the parties who want to file an affidavit for a mutual Indian divorce.
If the partners disagree on terms, they may hire separate lawyers to represent them.
A common advocate can assist them in filing an affidavit to the court to get mutually agreed upon divorce terms.
A skilled divorce lawyer will help you navigate the Indian mutual divorce process and negotiate terms in your favor.
This divorce petition is typically filed in the family court of either the spouse or husband's home, where they lived together, or the place where the marriage was legally finalized.