Divorce
How to file mutual consent divorce?
Leave a Comment / By caveat / March 28, 2024
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Mutual Consent Divorce In India
How to file mutual consent divorce? Process of filing Mutual Consent Divorce under Hindu Marriage Act,1955 and Special Marriage Act is quite similar wherein 1 year separation is required prior to filing the Joint Petition. Only for Christians there should be 2 years separation prior to filing the Joint Petition.
Steps on How to file mutual consent divorce?
You will need to engage a lawyer for filing a Joint Petition signed by both husband and wife.
Preparation of Joint Petition:
This requires skill as all the terms and conditions should be mentioned so as to avoid any complicacies in future. A supporting affidavit will accompany the Petition
Preparation of Memorandum of Understanding (MOU)
An MOU will be drafted by the lawyer engaged by the parties who will draft the same in Terms of the Judgment Dated 15.05.2018 passed by the Hon’ble High Court of Delhi in Cont. Case (C) No 772 of 2013, Titled as RAJAT GUPTA VS RUPALI GUPTA and the same will be supported by affidavits of both parties
Documents required for filing the Joint Petition
opies of ID proofs in the form of Aadhar card or passport or Driving License whichever is applicable will be filed along with proof of marriage
Proof of marriage documents
Documents such are wedding card, Marriage certificate and Marriage photographs
In case there is no marriage certificate it wont matter if you have wedding card and marriage Photographs
All these documents will be attached with the Joint Petition
Filing of Joint Petition
The Joint petition is filed with the required fees as prescribed by the court fees Act.
Appearance of Parties at the date of hearing of First Motion
There will be two motions in total. In the first motion both parties will be present in court with original ID proofs and questions may be asked by the Judge to satisfy himself. Once the court is satisfied both parties will record their statements and sign the joint statement. Thats the end of the first motion.
Appearance of Parties at the date of hearing of Second Motion
In Delhi the second motion petition is separately filed unlike other states where after the first motion the court itself fixes the date for second motion .
Waiver Application to waive off cooling period
Now if the separation is more than 18 months then the parties may file a second motion petition with a waiver application.In case the separation is just over a year and less than 18 months then one has to wait for 6 months to file the second motion petition. Now this also depends whether there are children in the said marraige. Courts have at times allowed waiver application of 14 months separation too
Grant of Divorce Decree
After the second motion petition is allowed the court grants a divorce decree which can be availed immediately or after around 7 days depends on the court. In any case a certified copy of the divorce decree can be obtained at any time.
Fees for Filing Mutual Consent Divorce
Filing Mutual Consent divorce Petition is accompanied by a court fees . However our fees are very reasonable and we maintain 100 % confidentiality. We believe in long lasting relationship and so the emphasis is the satisfaction of our clients which is of paramount importance. You may check the most popular lawyer for Mutual Consent Divorce here
Conclusion
For any information related to filing Mutual Consent Divorce kindly call at 9873628941 or you may also fill in the form here
We will assist you from consultation to drafting and filing of the Mutual Consent Divorce in Delhi/NCR which includes Greater Noida, Pune and kolkata. We have a dedicated team of lawyers specially for filing Mutual Consent Divorce .
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