Under Section 13-B of the Hindu Marriage Act, 1955, the parties can obtain divorce by mutual consent by filing a petition before the court. Mutual consent signifies that both the parties –husband and wife – agree for reciprocated separation.
Important Issues To Be Settled Before Proceeding:
- Child Custody
- Settlement of Property and Assets
The Required Documents For Filing Mutual Divorce Petition:
- Marriage Certificate
- Address Proof – Husband and Wife
- Four Photographs of Marriage
- Income tax statement for the last three years
- Details of profession and Income
- Details of Property and Asset owned
- Information about family
- Evidence of Staying separately for a year
- Evidence relating to the failed attempts of reconciliation
Where Can The Mutual Divorce Petition Be Filed?
- Where the couple was last residing as husband and wife or Where the husband or wife is presently residing
The Procedure for Filing for Mutual Divorce:
Step 1: Petition to File For Divorce:
First, a multiparty petition for termination of marriage as well as for a diktat of divorce is to be acquainted with to the family court by both the married partners. It needs to be done on the ground affirming that they have been unable to gleefully live together and have reciprocally agreed to dissolve the marriage or they have been living disjointedly for one year or more. This petition will, then, be signed by both the parties.
Step 2: Appearing Before Court and Inspection of the Petition:
Now, both the parties have to appear before the family court after the aforesaid step. The parties would be advocated by their respective counsels. The concerned court would analytically scrutinize the petition along with all the documents put forward before it. The court may even have a go to beget reconciliation between the partners; though, if this is not possible, the affair ensues for auxiliary follow-ups.
Step 3: Passing Orders for a Recording of Statements on Oath:
After the court pores over the petition and if satisfied, it may direct the party’s testimony to be recorded on oath.
Step 4: First Motion Is Passed And Six Months Is Given Before The Second Motion:
Once the testimony gets chronicled, an edict on the first motion is passed by the court. After this, six months are provided to both the parties for the divorce (before they can file the second motion). The top figure period to file for a second motion is 18 months from the date of production of the divorce petition in the family court.
Step 5: Second Motion and the Final Hearing of Petition:
Once the parties have come to a decision to go further with the proceedings and appear for the second motion, they can carry on with the final hearings. This takes account of – parties associated appearing and recording of statements before the Family Court.
Step 6: Decree of Divorce:
In a mutual divorce, both parties must have provided consent, and there shall not be any discrepancies left in the matters associated with disputations respecting alimony, custody of a child, maintenance, property, etc. Therefore, there needs to be an all-inclusive agreement between the spouses for the irrevocable decision on the dissolution.
If the court is assured after taking notice of the parties that the accusations in the petition are factual and that there cannot be any likelihood of appeasement or squaring off, it can pass a decree of divorce declaring the marriage to be dissolved.
Citations: India Today, Latest Laws