Mutual Consent Divorce Procedure

Procedure Mutual Consent Divorce

Mutual Consent Divorce in the Hindu Marriage Act was brought into existence by the India Parliament vide Amendment in the year 1976. The mutual consent divorce lawyer usually suggests parties to understand the futility of long drawn litigation and thereby advice and proceed towards mutual consent divorce. As per law, time duration for obtaining mutual consent divorce is six months. Although, the parties have option of filing the second motion petition any time between six months and eighteen months from the date of filing of the Mutual Consent Divorce Petition. Parties desirous of Mutual Consent Divorce are many a times confused about the process, who to contact, how to initiate, role of the court, terms and conditions of mutual consent divorce, issues of maintenance, child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed etc. For the purpose clarity, you just need to understand the below.

Spouses should talk to each other and have a detail discussion on everything related to the marriage, divorce and future. And post discussion, if both parties arrive to a conclusion that marriage is not workable and separation is the only solution for the well being of everyone, they should ease out the tension surrounding them and accept that their marriage has broken down and no more workable, forgetting the fear of society. Nobody knows situation better than husband and wife themselves and also the impact on the children and the future. Accepting the fact that there can be agreement even in disagreement so its better for the spouses to decide. If the children are involved, the spouses amongst themselve should decide who will have the custody of the children, duration of visitation rights, interim custody during vacations summer, winter and other holidays. And in case both the parents are equally competent to take the custody of the children then in suc scenario, it is the understanding and agreement between the parties which prevails subject to the welfare of the children. Both the Parties through mutual understanding can have joint custody or shared parenting in the mutual consent divorce process.

The other important aspect is financial settlement. There are various financial aspects of settlement which includes alimony, maintenance, house, expanses education and higher education, marriages, istridhan, joint investments, joint accounts etc. As a mutual consent divorce lawyers, we at Usha Tanna provides the platform to parties to discuss issues in an atmosphere which helps to solve the problem amicably and arrive to their own mutual solutions. At Usha Tanna, we as a mutual consent divorce lawyers provide different options using our vast experience in the field to resolve issues affecting the chances of settlement.

Petition for mutual consent divorce can be filed at any of the following place:-

  • Place where marriage had taken place
  • Place where husband and wife last resided together
  • Place where wife is residing at the time of filing of the Petition

Once the petition for mutual consent divorce is filed, the court records the statement of both the parties and hence presence of bothe parties is required in the Court. In an event where one of the party is unable to appear, then the party can make an appearance through power of attorney. Such power of attorney preferably should be the member of the family of the non-appearing spouse. Once the statement are recorded, it is commonly reffered as First Motion granted.

Post passing of the first motion, both the parties are called upon to wait for six months period before moving Petition for second motion, this period can be extended upto eighteen months. This period in mutual consent divorce is generally called cooling off period. Six months period is provided to parties to rethink over their relationship again and reconcile. During the period of six months i.e. before moving of the second motion, both the parties have liberty to withdraw their consent for divorce.

Post six months period, if both the parties are unable to resolve their differences, they will have to appear in the Court, the statement of the parties would be recorded again for the second time. After this the Court passes an order dissolving the marriage by granting the decree of divorce. The marriage stands dissolved post the order of decree.