Understanding Mutual Consent Divorce in India

Legal Light Consulting – LLC Lawyer, we are a popular Divorce Lawyer’s in Mumbai, Mutual Consent Divorce was brought into act by the Indian Parliament. Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

In recent years, mutual consent divorce has emerged as the simplest and most amicable way to dissolve a marriage in India. Brought into effect by the Indian Parliament, this process allows both parties—husband and wife—to come to an agreement regarding the terms and conditions of their divorce, ensuring a smoother and less contentious separation.

Procedure for Mutual Consent Divorce

1. Mutual Understanding and Agreement: The first step involves both parties reaching a mutual understanding and agreeing on the terms and conditions for the divorce. This includes matters like alimony, child custody, and the division of assets.
2. Drafting the Petition: Based on the settlement and agreement, a petition for mutual consent divorce is drafted. The legal framework varies depending on the type of marriage:
   • Hindu Marriages: Section 13 B of the Hindu Marriage Act
   • Christian Marriages: Section 10 A of the Indian Divorce Act
   • Secular or Civil Marriages: Section 28 of the Special Marriage Act
3. Filing the Petition: The mutual consent divorce petition, detailing the terms of the settlement, is filed in the appropriate court.
4. Court Hearing: The case comes up for hearing, during which both parties need to be present to have their statements recorded by the court.
5. First Motion: Following the recording of statements, the court passes the first motion.
6. Cooling Period: The court then gives a six-month period for the parties to reconsider their decision, commonly known as the “cooling period.”
7. Second Motion: After six months, the second motion is set up, and the earlier steps are repeated, with statements recorded once again.
8. Granting the Divorce: Upon satisfying all requirements, the court passes an order and judgment, granting the decree for divorce.

Divorce by Mutual Consent via Power of Attorney and Video Conference

Some states, like Delhi, allow the statement of one party to be recorded through a power of attorney. Additionally, certain courts facilitate mutual consent divorce via video conferencing, especially beneficial for NRIs, thus saving time, energy, and money.

Waiver of the Six-Month Cooling Period

Initially, the six-month gap between the first and second motions was not mandatory. However, in 2009, the Supreme Court mandated this period, eliminating the lower courts’ authority to waive it. Nevertheless, the Supreme Court retains the power to dissolve a marriage in less than six months, offering a faster resolution in special circumstances.

Conclusion

Mutual consent divorce, though intricate, is designed to ease the process of marital dissolution. For those seeking legal assistance, Legal Light Consulting – LLC in Mumbai offers expert guidance, ensuring that clients navigate through this complex journey with clarity and confidence. Contact LLC Lawyer for your legal needs.