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Writer's pictureLead India
Dec 2, 20224 min read

What Is The First Step For Mutual Divorce?

Divorce is the legal process of separation after marriage, completely dissolving the marriage on papers. When both the parties (husband and wife) end the marriage with their own will, it is called a divorce with mutual consent. Here, both husband and wife can apply for the divorce mutually.

A divorce is called a contested divorce or divorce without mutual consent in case it is filed without the approval of the other spouse (husband or wife). In most of the cases, the reason for filing such divorce could be cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world, as is provided by the law.


The procedure of divorce with mutual consent in India is far less expensive and less traumatic as compared to the contested divorce procedure.


To file for a divorce petition either against your partner or by mutual consent, the first and foremost step you have to take is to appoint an experienced Divorce lawyers in kolkata or in the city you are residing in. It is important to understand that you are aware of the grounds for divorce, procedure for divorce or any other law related to divorce law, which is explained in appropriate and simple terms by an experienced divorce lawyer in Delhi or the area you are filing for divorce, who is aware of the facts of your case.

Conditions provided under the Section 13-B of the Hindu Marriage Act for filing for the divorce by mutual consent-

1) The couple should be living separately for one year or more.

2) The couple shall be unable to live together any longer.

3) Both husband and wife agree that the marriage can’t be continued and have decided to go their separate ways.


Under the circumstances mentioned above, a divorce by mutual consent can be filed.


Procedure for divorce by mutual consent-

To file the petition-

A joint petition for the dissolution of marriage shall be presented by both partners in the family court. The petition could be filed on the ground that they have been living separately for some time i.e. for a period of one year or more and have now mutually decided to dissolve their marriage


Inspection of the Petition-

  • After filing the petition, the parties are required to appear before the family court.

  • The parties could be represented by their respective lawyers or could appoint a single lawyer to represent them.

  • The petition and the documents are then observed by the court.

  • The Court could send the parties for reconciliation if it believes that there are chances to salvage the marriage, however, if there is no possibility for reconciliation, the matter would be forwarded for divorce proceedings.

First Motion and the period of 6 months-

  • After recording the statements, the court passes the First Motion.

  • A period of six months is provided by the court to parties to cool down and sort their differences so as to decide over the matter of the divorce with a calm mind, after which, if they still wish to continue with divorce proceedings, they can file for a Second Motion.

  • From the date when the divorce petition was filed, a maximum period of 18 months is provided to file for Second Motion

Second Motion and final hearing-

  • If the parties have decided to continue with the divorce, they can file for a second motion within the required time period, so that the proceedings for final hearings could be initiated.

  • The Supreme Court in a recent judgment held that the period of 6 months could be waived off in case the parties have mutually decided to separate their ways and have been living separately for some time.

  • Thus, if the parties have settled their differences, including matters such as the custody of the child or any other issue between the parties, related to the marital obligations or rights due to their marriage, including the financial settlements, etc. The period of 6 months could be waived off, or in case where the court is of the opinion that the period of 6 months would only extend the period of their suffering, the period of six months could be waived off.

Decree of Divorce-

After the court is satisfied that there is no possibility of reconciliation amongst the parties, a decree of divorce is passed declaring the dissolution of marriage.


Conclusion

Divorce is as huge a decision and is as important as marriage. Therefore, before taking the ultimate step, you are advised to seek the opinion of an experienced matrimonial lawyer, so that you know what you are getting into, what are the various options available to you as have been provided by the law.


Lead India offers you a team of experienced lawyers who have been successfully handling cases involving divorce cases, matrimonial issues, child custody cases, etc. Thus, in case you wish to seek free legal advice or professional opinion in accordance with your case, you may contact us.


Call Us: +91-8800788535

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