Caveat India

Mutual Consent Divorce In Kolkata 2024

Mutual Consent Divorce In Kolkata  can be filed in the Court of the Principal Judge Family Court .Mutual Consent Divorce In Kolkata 2024. All that is required is both parties are ready and willing to settle the matter amicably.

Mutual Consent Divorce in Kolkata

Mutual Consent Divorce  literally means when both the husband and wife finally decide to settle all their disputes and amicably settle for a divorce and are ready to  get the terms and conditions on paper.

Mutual Consent Divorce Petition is filed only after 1 year separation from one another

Parties may approach the court for filing Mutual Consent divorce only after 1 year separation from one another. One year separation does not necessarily mean living separately it also means both parties may be living under same roof but not as husband and wife.

What documents are required for filing a Mutual Consent Divorce in Kolkata

Proof of Marriage as in Original Marriage Photographs , Wedding Card / Marriage certificate.
In case there is no marriage certificate a copy of original wedding card will suffice. Secondly ID proofs of both parties in the forms of Aadhar card, PAN  card, Driving License or passport.

Memorandum of Understanding in Mutual Consent Divorce

It is required that both the  parties sign on an MOU prior to filing the Mutual consent divorce. Both parties are required to sign on the MOU which contains all terms and conditions and signed by both parties.
The MOU will be supported by affidavits .  In Delhi  it is required that affidavits are filed  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

First Motion of Mutual Consent Divorce

After filing the First Motion petition both parties are required to appear before the Court wherein Statement of parties are recorded and  upon satisfaction of the court the petition may be allowed. Once allow the next date will be given.

Waiver of 6 months in Mutual Consent Divorce

Waiver application may be  presented in court if there is a separation period of more than 18 months. In case there are no children the court may also allow parties to file a waiver application within  a month.

Second Motion hearing in Mutual Consent Divorce Case

At the time of hearing when both parties are present in court , the statement of parties are recorded . This is similar to what happens in the first motion. Once this is allowed , Divorce Decree follows. The parties may get copies of the divorce decree from the court itself .  Certified copies may also be filed

Conclusion for Mutual Consent Divorce In Kolkata 2024

For any query related to filing Mutual Consent Divorce kindly call at 9873628941 . You may also fill in the form given here

Also you may visit our partner website Taps9 Legal Services

 

 

 

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