Mutual Consent Divorce – Mutual Divorce Process
Both husband and wife have to prepare a mutual compromise agreement to resolve all important issues, given below;
- Amount of permanent/ regular Alimony
- Custody of Child
- Handing over all stridden items like gold, gifts, articles etc.
- Withdrawal of all pending litigation, cases and complaints.
- Quashing of registered F.I.R against husband and in-laws
- Property rights.
- Child safety measures and maintenance.
- One Time Settlement amount.
After settlement of all the above-mentioned issues, We have to file a joint Petition u/s 13-B of the Hindu Marriage Act for a Mutual Consent Divorce. The detailed terms and conditions of the Mutual Consent Divorce Petition are available on Blog of Deepak Malhotra Advocate on mutual consent divorce draft petition.
First Motion Statement of Mutual Consent Divorce:
Both husband and wife have to record their first motion statement in the family court on the first day of the mutual consent divorce case. On recording the first motion statement, the Honorable Court fix the next date of hearing after 6 months
An application seeking condonation of 6 months:
After two weeks, we apply seeking condonation of 6 months period, based on past litigation and separation period. A draft copy of the application may be seen and downloaded by clicking on this link.
Second Motion Statement on Mutual Consent Divorce:
If it allows an application, it gives a very short date to record the second motion statement. The second motion statement is the last opportunity to rethink about the final decision of separation.
We need to read this statement, carefully because, on the signing of this statement, it gives no further opportunity to any of the parties to amend any clause decided in the mutual divorce.
Quick Divorce Decree in a few days
After recording the second motion, the Honorable Court grant a decree of divorce and it is the only quick divorce procedure in India.
Apply a Certified Copy of the Divorce Decree
Once the Honorable Family Court decides, apply 4 to 5 copies of the Divorce Decree.
The purpose for applying for Certified Copies of Divorce Decree?
They require the Certified copies for various purposes like Change of husband’s name from passport, change of status in Aadhar Card, Gas Connection, removal of name from nomination in the bank accounts, removal of beneficiary from properties, pension benefits, gratuity and Provident Fund benefits.
When a spouse can remarry?
A spouse can remarry with another man or woman on receipt of a certified copy of Divorce with Mutual Consent under section 13-B of the Hindu Marriage Act. In the case of Divorce under section 13 of the Hindu Marriage Act, a spouse has to wait for at least 90 days.
Frequently asked Google Questions:
If the husband has won the case of restitution of conjugal rights but the wife refuses to return can the husband apply for divorce on grounds of willful desertion are there still hurdles to granting divorce when the wife has stayed from her husband for nearly ten years?
Yes, It is a valid ground for divorce, but we need to produce other grounds for divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds for divorce
If the husband has been discharged in case of 498a IPC whether it is a ground for divorce?
It is a valid ground for mental cruelty. It is important to obtain a closure report of a case or complaint of 498a IPC. We need to show the separation of 12 months before filing a divorce.
We further need to produce other grounds of divorce along with authentic pieces of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can the husband file for divorce on the grounds of the wife’s past life?
It is ground only if she has not disclosed some serious mistakes like paper marriage, panchayat marriage, delivery of a child to her husband before getting married. We may use this ground in filing a case for nullity of marriage rather than filing a divorce case.
We need to show the separation of 12 months before filing a divorce. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce.
Can a single slab be a ground of divorce?
A single act followed by a separation of over 12 months may allow her to file a divorce case u/s 13 of the Hindu Marriage Act. We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion.
You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can adultery taken place 30 years ago be the ground for divorce?
Adultery is a perfect ground for divorce. In the case of an old case, We further need to produce other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion.
You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Husband married pretending to be a Govt employee in fact he is unemployed cheated is good ground for divorce?
It is a perfect ground for nullity of marriage if you have sufficient evidence to prove that your husband had pretended as a Govt Employee before marriage. We may file nullity of marriage within 12 months.
After 12 months of marriage, we may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can staying in rehab for alcoholism for a long period be a ground for divorce in India?
If a period is over 2 years, then we may consider it as a ground of desertion. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion.
You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Wrong declaration of age to get married to a young girl, can this be a ground for divorce?
It is a ground for nullity of marriage and for divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion.
You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Is mental stenosis could be a ground for divorce in India?
Continuous mental stress is the ground of divorce only if is a cause of over one-year separation, otherwise, a complaint of domestic violence can be filed against mental and physical cruelty.
How to take a divorce when the person lives abroad not having an address of him?
1. File a divorce petition under sec 13 of the Hindu Marriage Act
2. Issue summons at the address of her husband’s parents
3. Obtain permission for issuance of summoning on an email or WhatsApp of her husband
4. We may obtain permission for publication of summons
5. Get an ex-parte divorce
6. In addition to this a complaint can be filed with the NRI Cell to register F.I.R against the person staying abroad
7. We may file an application for an Indian Passport of the person staying abroad at an unknown place
8. We may file a complaint to an Embassy or Ministry of External Affairs.
After the divorce, I changed my name to my father’s name and surname so while writing what should I start with Miss or Ms.?
1. After receiving a decree for divorce, you should write Ms.
2. In case you have applied for nullity of marriage and obtained a decree, you may write Miss because you will get status equivalent to an unmarried girl.
3. We may file a petition for nullity of marriage within a period of 12 months of getting married.
4. We may file a petition for divorce after the expiry of 12 months of getting married and by showing a one-year separation.
1. It is a fundamental right of the respondent/defendant to see evidence provided by the petitioner
2. A complete copy of the petition along with all annexures and exhibits may be obtained on the first day of appearance
3. Certified copies of the evidence provided may be obtained
4. A copy of the evidence affidavit tendered in a case is provided to the respondent/ defendant for further cross-examination.
How to get a divorce in lockdown in India?
We may get a quick divorce during the lockdown in India. We give a detailed guide in a blog of Advocate Deepak Malhotra
In an uncontested divorce, if I got, Can I marry anyone after that?
You may marry after the expiry of 90 days on receipt of a certified copy of the decree for divorce.
Divorce on mutual consent is pending admission from abroad college accepted can it help in a quick divorce?
Yes. We may apply for condonation of 6 months period. Click to know a complete procedure of quick divorce.
If the wife wants to live separate from the husband’s mother and the husband’s mother is not well and no one is there for care in this case is it easy to get a divorce?
It is one of the grounds for a divorce. We may file a divorce case based on this ground and other grounds of divorce along with an authentic piece of evidence to prove mental cruelty, physical cruelty, and desertion. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Once my contested divorce petition was dismissed by the Family Court after six years of trials Meanwhile my wife stayed at her parent’s home now can I file the uncontested divorce petition again in family court in India?
1. Read the judgment carefully
2. Check the reasons for its dismissal.
3. Prepare a new divorce petition with perfect grounds of cruelty and desertion
4. Tender 3-4 evidence affidavits to prove each piece of evidence.
5. Get ready for the contested or uncontested divorce with facts
6. You may see blogs of, a Divorce lawyer in Chandigarh Punjab Haryana India about grounds of divorce
Can 2nd petitioner do filing for mutual divorce?
We may file a mutual divorce petition in the presence of both the petitioners or one petitioner and another petitioner’s family member having a special power of attorney
After divorce, Can I get a mutual divorce copy online?
In view of privacy, a copy of orders is not available online for divorce cases. We may get a certified copy within a few days.
Is it possible to have equal custody of a 14-year-old child in a mutual divorce in India?
Make a compromise deed of equal custody arrangement and attach as an exhibit in a mutual consent divorce petition. Click and see the procedure.
Mutual divorce petition format in Hindi & English?
Click on this link to see the mutual consent divorce petition draft in English. We may convert it to Hindi by using google translate.
How can I file a Mutual Consent Divorce or a Contested Divorce in Chandigarh?
1. If you are staying separately for over 12 months from your spouse, you are eligible to file a contested divorce or a mutual divorce.
2. you are having a sufficient piece of evidence to prove mental or physical cruelty, adultery, psychology, disrespect of parents, non-cohabitation for a long period, etc.
3. You have got a clean chit from complaints u/s 498a, 4406, 506, etc.
4. You have signed a compromise deed for a mutual consent divorce
5. You do not know the whereabouts of your spouse for long
6. Both are ready for divorce
7. You have settled children and property matters amicably
How much are lawyer fees for divorce in India?
1. A woman can ask for a free lawyer through legal aid
2. Mutual consent divorce-fee is between 25000/- to 50,000/-
3. Quick Divorce in 2 months fee is little more than mutual consent divorce
4. Contested divorce fee of an experienced divorce lawyer is between 1,50,000/- to 3,00,000
How do I keep a divorce lawyer with no money? & What if I can’t afford a divorce lawyer?
1. Apply seeking free Legal Aid Lawyer in your respective State Legal Department
2. Meet a lawyer appointed by State Legal Department
3. Give all evidence of cruelty, desertion, video clips along with certificate u/s 65B, MLR reports, police complaints, FIR, DDR, etc. to your lawyer
4. Visit court on each date to see the progress of your lawyer
Can divorce lawyers in Chandigarh help in gaining custody of the child/children?
1. See the age of the child
2. Up to the age of 5 years, a father can not apply for custody of child unless circumstances are beyond the control
3. We may file a custody case besides a case for divorce
Is it necessary to hire a divorce lawyer in case of an uncontested divorce?
1. Divorce lawyer is important to draft a divorce petition with sufficient grounds of cruelty, adultery or desertion.
2. Even in case of uncontested divorce, petitioner has to tender evidences to prove all grounds of divorce
Can I file for a divorce on behalf of a family member?
1. Yes, you may file a divorce petition on behalf of a family member, if you are having a valid special power of attorney
2. You can’t tender evidence on his behalf. So his physical presence is a must at the time of evidence and cross-examination.
How long does it take to obtain a divorce?
1. For Quick Mutual Consent Divorce (If separation is more than 18 months)– a minimum of one month in 13 b divorce
2. For Mutual Consent Divorce (Minimum one year separation required) – a minimum of six months
3. For Uncontested Divorce – Around 1 year
4. For Contested Divorce – 2 years approx.
Can I file for a divorce in India in case my spouse is an NRI?
Yes you can file a divorce case in India, if marriage took place in India;
1. At a place of marriage in India
2. At last lived Place
3. At a girl residential place
1. Family Court in District Court, Sector 43, Chandigarh hears all Family related disputes of Chandigarh.
2. Family Court in District Court, SAS Nagar hears all Family related disputes of Mohali.
3. Family Court in District Court, Dera Bassi hears all Family related disputes of Zirakpur & DeraBassi once in a week.
4. Family Court in District Court, Kharar hears all Family related disputes of Kharar once in a week.
Who are the top 10 divorce lawyers in Chandigarh, the best divorce lawyer in Punjab, the best divorce lawyer in Zirakpur, NRI divorce lawyers in Chandigarh, the best divorce lawyer in Panchkula, criminal defense lawyer, or a divorce advocate in Chandigarh High Court?
1. Make a list of divorce lawyers in Chandigarh
2. Call a divorce lawyer and as per your satisfaction, shortlist the best divorce lawyer in Mohali Zirakpur Chandigarh after having a preliminary discussion about your case
3. Discuss each piece of evidence, which you have to prove cruelty, desertion, annulment, separation, jurisdiction.
4. Consult free with Advocate Deepak Malhotra, a divorce lawyer at 9888861666 in Chandigarh Mohali Zirakpur in advance before separating from your wife or before appointing a lawyer out of the 10 best divorce lawyers in Chandigarh
5. Appoint only, if it satisfies you with the explanation and answers to your queries..
Can I get divorced within one or two months after a long separation?
Yes, If your separation period is over 18 months, you may apply for mutual consent divorce and get a quick divorce in one or two months. You may click and see a complete procedure of quick divorce.
Can I get a divorce on the ground of Cruelty?
Yes, you may file a contested divorce under section 13 of the H.M.A. You may also locate the other grounds of divorce.
Can I get back dowry articles from my husband and his family?
Yes, you may get all your dowry articles back along with stridhan items;
1. File a complaint to the SSP of your district to recover all above said articles. The said complaint shall be forwarded to the concerned women’s cell department of that district for necessary action.
The inspecting officer shall try to resolve the matter amicably in three joint meetings and shall suggest registration of F.I.R if the husband and his family refuse to return the dowry and stridhan items. OR.
2. File a complaint of domestic violence in the Honorable Court of illaqua magistrate of the concerned area for recovery of articles along with compensation and other rights available in sections 12 to 23 of the domestic Violence Act.
Can I get maintenance for my minor children?
Yes, you may get maintenance for yourself (If you are not working), as well as for your children;
1. File a case under section 125 of the Criminal Procedure Code
2. Explain your circumstances, rental expenses, children expenses, food, and medical expenses requirements along with proofs, if any.
3. Explain your earning status and sources of income, which is known to your husband
4. Attach earning proofs of your husband like a salary slip, form 16, or income tax return
5. Also attach the application for interim monthly relief
6. Honorable Court shall order your husband to pay approximately 33% to 50% of his income per month
7. In case, your husband does not pay the monthly amount fixed by the Honorable Court, you may file an execution application for recovery of the pending amount. Honorable Court shall direct him to pay the pending amount immediately. On non-payment, the Honorable Court may order the arrest of your husband.
[…] Both husband and wife have to prepare a mutual compromise agreement to resolve all important issues, given below; […]
[…] Mutual Consent Divorce | 9888861666 | Divorce Mutual. Amount of permanent/ regular AlimonyCustody of ChildHanding over all stridden items like gold, gifts, articles etc.Withdrawal of all pending litigation, cases and complaints.Quashing of registered F.I.R against husband and in-lawsProperty rights.Child safety measures and maintenance.One Time Settlement amount. After settlement of all the above-mentioned issues, We have to file a joint Petition u/s 13-B of the Hindu Marriage Act for a Mutual Consent Divorce. […]