Mutual Consent Divorce in Delhi file with minimum costs. Caveat India will assist you in filing your Mutual Consent Divorce Petition .
Mutual Consent Divorce in Delhi/NCR
Caveat India has a dedicated team of lawyers specialized in filing Mutual Consent Divorce. With bare minimum fees your Petition will be drafted and filed within 24 hours.
Mutual Consent Divorce Under Hindu Law
Mutual Consent Divorce is filed under Section 13B of the Hindu Marriage Act, 1955.
Joint Petition: A joint Petition will be draft which will contain all the terms and conditions which have been agreed upon by both parties and signed . The Joint Petition will be supported by an affidavit which will be attested by the oath commissioner.
Recording of statement of parties: Both parties are required to be present in court for hearing of the First Motion Petition. Once that is allowed both the parties can file their second motion petition after 6 months.If separation is more than 18 months then the second motion petition can be filed and heard within a month or two
Cooling-off period: This is the period which is provided by the Act so as to give both the parties a chance to reconcile , In case they reconcile they may approach the court and withdraw their consent if the second motion petition is file , in case only first motion is filed it is not necessary to file a second motion petition if both have decided not to part ways.
Waiver Application: Both parties can file a waiver application if there separation is more than 18 months, in case there are no children then courts usually accept the waiver application even if the separation is less than 18 months.
In the light of the recent judgment of the Hon’ble Supreme Court passed in ‘Amardeep singh vs Harveen Kaur ’[(2017) 8 SCC 746] the statutory cooling off period of six month may be waived off by the Hon’ble Court Consideration be given to the following while dealing with a case of waiver of the statutory period of 6 months cooling period.
- The statutory period of six months specified ,in addition to the statutory period of one year separation of parties is already over before filing the first motion itself’;
- All efforts for mediation /conciliation including efforts in terms of Order 32-A Rule 3 CPC /Section 23(2) of the Act / Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts;
- The parties have genuinely settled their differences including alimony, or any other pending issues between the parties;
- The waiting period will only prolong their agony.
- The Hon’ble Supreme Court in Amit Kumar vs Suman Beniwal in Civil Appeal No. 7650 of 2021 ,wherein the Hon’ble Court while exercising its power under Article 142 of the Constitution of India, granted a decree of divorce under section 13B of the Hindu Marriage Act, 1955 in a similar situation wherein the parties have been living separately from more than 14 months by mutual consent , on para 27 of the Judgment has laid down factors for consideration to allow waiver application –
- For exercise of the discretion to waive the statutory waiting period of six months for moving the motion for divorce under Section 13B (2) of the Hindu Marriage Act, the Court would consider the following amongst other factors:
(i) the length of time for which the parties had been married;
(ii) how long the parties had stayed together as husband and wife;
(iii)the length of time the parties had been staying apart;
(iv) the length of time for which the litigation had been pending;
(v) whether there were any other proceedings between the parties;
(vi) whether there was any possibility of reconciliation;
(vii)whether there were any children born out of the wedlock;
(vii) whether there were any other proceedings between the parties; whether there was any possibility of reconciliation;
(viii) whether the parties had freely, of their own accord, without any coercion or pressure, arrived at a genuine settlement which took care of alimony, if any, maintenance and custody of children, etc.
Conclusion for Mutual Consent Divorce in Delhi/NCR
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