For any query regarind drafting and filing Mutual Consent Divorce in Bangalore 9873628941.Mutual Consent Divorce or otherwise called mutual divorce is mode of dissolution of marriage in an amicable manner. There are no complications involved as both the parties have set out their respective rights and demandsย and have been agreed to by the other party.Inย case where there are no children involved it becomes even more easier . Even if there are children Courtsย usually send such cases for mediation as there are children involved who require love and care of both parents. However if child custody is settled between the parties amicably courts usually allow . You may submit your details by clicking on Best Mutual Consent Divorce Lawyer in Bangalore
Memorandum Of Understanding
An MOU is signed by the parties and submitted alongwith the divorce Petition. MOU sets out all the terms and conditions upon which the divorce is being filed with a prayer for dissolution of marriage. In case of child custody or if there are payments to be made. Once there are these terms which include payments the party that pays the amount has to do so before the completion of the divorce proceedings.
Joint Petition
A joint petition is signed by both parties with all terms and conditions and amicably agreed upon alongwith the Memorandum of Understanding. Once filed a date will be provided for both parties to appear before the Court of the Principal Judge Family Court at Bangalore. Both parties are normally asked reasons for taking the step and upon upon satisfaction of the courtย the process moves ahead with both parties giving their statements and signing on the statement of parties.
First Motion Petition 13B (1) Hindu Marriage Act ,1955
The first hearing is theย hearing of the first motion petition and once allowed parties are given time of 6 months cooling off period to try and settle between themselves and try to live again together although there is no force in this. Its upto the parties to choose whether to live together and not. Once the first motion is allowed depending upon the time of separation a date is given for the next date of hearing.
Waiver Application
Ifย theย separation is more than 18 months then the marriage can be dissolved within a month if the court allows . Usually if there are no children then it usually is easier. However even if there are kidsย and the court finds that its not possible for the parties to live together and they are adamant then the court usually allows. The Honโble Supreme Court in Amardeep singh vs Harveen Kaur โ[(2017) 8 SCC 746] has provided grounds while considering ย the statutory cooling off period of six months . Also visit Divorce Lawyers in Bangalore
Second Motion Petition 13B (2) Hindu Marriage Act ,1955
The waiver application is filed alongwith the second motion petition and is practically the same procedure as in the first motion. If the court finds it appropriate it is within the discretion of the court to allow the waiver application. Second Motion petition is heard thereafter and statement of parties are recorded and once the court allows second motion petition , the divorce decree follows which is the final judgment.
Certified copy of Divorce Decree
Once the Matter is over both parties may apply for certified copy of the decree sheet which is the final divorce certificate as you may call it .
Conclusion for Mutual Consent Divorce in Bangalore 9873628941
For any query related to drafting , filing and appearance for divorce by mutual consent kindly call at –
987 3628 941