Procedures to go for a Mutual Consent Divorce in Simple Methods

Some of the time it gets hard for a couple to handle their marriage. Subsequently the couple sometimes decide mutually about mutually going through divorce. The section 13B of the Hindu Marriage Act, 1955 and the section 28 under Special Marriage Act, 1954 give the arrangement of separation by shared assent.

An application for separation by common assent can’t be documented within a time of one year from the date of solemnization. Other than that a mutual agreement of the divorce by both the partner need to be showed to go ahead with the divorce procedure. The couple ought to have been living independently for a time of one year irrespective of the place of living. They could be living under a similar rooftop however ought not to have any sort of commitments, legally termed as notional partition. Only and only if the couple is facing tremendous complications in their married life than usual, this time of one year can be deferred off by the Supreme Court.

Acquiring divorce through common assent is profitable with regards to money as well as time. Since no charges and demonstration of issue of the other partner is required to be showed and no claims and counter charges needs to be raised against one another, it becomes the better option among all.

Also, a single attorney figure can address both of the partners as both of them agree totally and a single agreement or petition is recorded. Consult the best Mutual Divorce Lawyer in Mumbai and Consent Divorce lawyer in Navi Mumbai for detailed information about the procedure.

Thus, if every one of the fundamental agreements needed in India is rigorously kept up with, a judgment for a mutual divorce is passed. There are some issues which require attention before the divorce filling procedure starts and need to be settled between the partners themselves. The litigation expenses, all the rights of both of the parent and the custody matters in case they have a child and the requirements for monetary support of the wife should be sorted out before hand. In the event that the above issues exist, these become legitimately restricting and might be upheld legally.

Details on the filling process:

Joint appeal is documented under the District Court inside whose purview the marriage was solemnized. The first motion and the subsequent motion are obligatory to be attended by both the partners.

The joint documenting of the appeal for a mutual divorce by both the partners is known as The First Motion Petition addressing the exact and extreme reasons behind their decision of breaking the marriage up and going their separate ways after. According to the Section 13 B, sub-section (2), The Second Motion Petition is documented when the couple returns to the court for the second time following a given time. A 6 month time is given for the sole purpose of reconsideration of the step they are considering to take. The court may approve the divorce petition on the off chance that every one of the essential grounds and necessities for the separation has been agreed with.

The request of the divorce is considered invalid and void if the couple fails to show up at the court after the first motion within the given time period.