Divorce By Mutual Consent in Delhi

DIVORCE BY MUTUAL CONSENT IN DELHI : HOW-TO GUIDE ON CONDITIONS, PROCEDURE AND LAWS IN INDIA

Both husband and wife can jointly file for a divorce case mutually under 13B of the Hindu Marriage act, 1955 is called divorce by mutual consent.
One year of separation is mandatory for Divorce By Mutual Consent. Here separation of 1 year doesn’t mean living in different places but they can live under the same roof, not as spouses can be considered as separation.
Husband and wife both mutually agreed on an arrangement of maintenance, child custody, property, investments, and debts before filing a case for Divorce By Mutual Consent in Delhi.
They both can hire a common lawyer to make the process fast and huddles free.
Divorce By Mutual Consent is filled by husband and wife jointly so the process of divorce is minimized to 2 to 6 months.
Both parties husband and wife during the process anytime withdraw their consent and request to give a second chance in their marriage then this Divorce By Mutual Consent process will end at that time.

Process of The Divorce By Mutual Consent in Delhi

Step 1. File petition jointly for Divorce By Mutual Consent under sec 13B of the Hindu marriage act.
Both husband and wife can file their petition in the form of a single affidavit with a sign in their region’s family court. Here one condition that applies is a one-year separation.

Step.2 First Motion:
After filing the petition husband and wife appear before courts and record their statement for Divorce By Mutual Consent. The first motion was granted by the court and 6 month waiting period was given to both. But if the court believes that there is no scope for reconciliation then this waiting period can be waived off and the husband & wife should process a second motion within 18 months.

Step.3 Second Motion
This is the final stage for a Divorce By Mutual Consent petition. Both parties again record their final statement before the court. In this statement child custody, maintenance, properties, alimony, and debts were agreed upon mutually. The Court granted their Divorce By Mutual Consent and ended their marriage by order.
Husband or wife during or after the second motion can withdraw their consent anytime.

Step4. The court is completely satisfied that there is no chance of reconciliation and then grants a decree for Divorce By Mutual Consent and divorce becomes final and both husband and wife are legally free from their marriage agreement.

Required Documents for a Divorce By Mutual Consent in Delhi

Address proof of husband and wife

Details of professions and earnings of husband and wife

Certificate of Marriage

Family background information

Photographs of marriage between husband and wife

Evidence to prove that the husband and wife are living separately for one year.

Property, Assets details of both parties

DIVORCE BY MUTUAL CONSENT, AS PER THE HINDU MARRIAGE ACT, SECTION 13B, CAN BE FILED IF:

The couple is staying apart for over a year.

Can’t manage to stay together.

A mutual agreement that the marriage has collapsed.

It’s a mature way to handle relationships than spitting at each other in public. The procedure is as follows:

Filing Join Petition: both parties sign petition and file it in court.

Recording of statements of both parties, signed on paper, all before Hon’ble Court.

Reconciliation Period: Six months’ time to change the mind (as marriage is considered a valuable institution)

At the end of reconciliation: second motion if parties still want the divorce.

Grant of the Divorce by Hon’ble Court.

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