The Hindu Marriage Act of 1955 has lately received vital approval from the Indian Supreme Court. It has disregarded the legal requirement that couples wait six months before getting a divorce. From this point forward, a trial court may skip this time frame if the separated couple is not likely to cohabitate.
Both the husband and the wife must consent to the divorce in a mutual consent divorce. Although it is a physically and mentally taxing process, it is much less difficult than the drawn-out litigation that ensues when one of the parties refuses to consent to the divorce. Because the court deems that the couple has already made significant decisions regarding things like child custody, maintenance, and alimony, all that is left to be done is the formality of granting the mutual divorce.
Procedure for Divorce with Mutual Consent
- submitting a petition To handle the divorce, both the husband and the woman will need legal counsel. The solicitors will direct them to use one of the following locations to file for divorce:
- the two’s previous residence. 2. The location of the wedding. 3. The current address of the wife.
- A First Motion Is Granted. The two parties must record their remarks in front of the judge now that the petition has been filed. As previously said, it is presumed that the couple wants to divorce of their own free will (i.e. with consent). As a result, the parties must declare that their consent to the divorce is voluntary. The parties must specify the grounds for the divorce as well as the terms of their separation (such as visitation privileges, custody arrangements, etc.). The parties may issue power of attorney to anyone else (ideally a family member) to speak on their behalf if they are unable to appear in court in person. The court grants the First Motion after hearing it.
- Tempering Period Before they submit the second motion, at which point the divorce will be granted, the couple is anticipated to make attempts at reconciliation throughout the succeeding six to eighteen months. The pair must therefore wait at least six months before submitting a second motion to the courts. The court may reject a divorce by consent if either the husband or wife claims that the other was unhelpful in seeking reconciliation.
- Third Motion The couple can file a second application at the end of six months, and the judge will dissolve the marriage after up to eighteen months.
- Address proof of husband and wife
- Marriage certificate
- 4 Passport-size photographs
- Evidence proving separation for over a year
- Evidence proving failed reconciliation attempts
- Income tax returns
- Details of assets owned by husband and wife, both jointly and individually
Divorce Court in Mumbai
BKC Road, Bandra Kurla Complex, Bandra East, Mumbai 400051; phone: 022-659 1801; family court
Cost of Divorce in Mumbai
Divorce petitions in India can be filed for a pitiful sum of $250. The advocate charge is the major expense, and it varies greatly depending on the advocate you select. You will be billed separately by each attorney for each appearance as well as for any paperwork and consultations. Depending on the complexity of the case and the lawyer’s experience, a mutual consent divorce could cost anywhere from $5,000 to $50,000.
Preparing for a Divorce by Mutual Consent
The husband and wife must be on speaking terms in order for there to be a mutual agreement divorce. They must come to terms on a number of crucial issues, including alimony, child custody and visitation rights, and the division of assets. This calls for extensive conversation even before hiring legal counsel. Expecting it is uncomfortable, but it’s critical to make every effort to come to an understanding because the alternative (doing it without mutual permission) is incredibly challenging and might take years.
Furthermore, it is far simpler to get more equitable arrangements for child custody in a divorce based on mutual consent. It is possible to have joint custody or shared parenting responsibilities. In terms of the divorce’s financial issues, you would need to choose alimony, child-related costs, and the method of money transfer. Of course, the husband does not have to bear all of the blame for this. It can depend on your ability to pay.
We hope that we have given you enough information to address your concern, but if you require any additional help, please feel free to leave a comment below or get in touch with us.