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Divorce based on mutual consent in Indore

Divorce based on mutual consent in Indore

In Indore, like in the rest of India, divorce based on mutual consent is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. As a divorce lawyer in Indore, I can provide detailed information on the process of obtaining a divorce by mutual consent.

1. Eligibility:

  • To file for divorce by mutual consent in Indore, both spouses must have been living separately for a period of one year or more.
  • They should mutually agree to end their marriage.
  • Both parties should be of sound mind and capable of making decisions.

2. Drafting the Petition:

  • The first step is to draft a joint petition for divorce. This petition should contain the reasons for seeking a divorce and the terms of the mutual settlement, including the division of property, assets, and custody arrangements if applicable.

3. Filing the Petition:

  • The joint petition is then filed in the family court or district court in Indore where the parties last resided together. Both spouses need to sign the petition.

4. First Motion:

  • After filing the petition, both parties are required to appear before the court. This is known as the “first motion.” During this appearance, the court may appoint a mediator to ensure that both parties are filing for divorce willingly.

5. Cooling-off Period:

  • There is a mandatory six-month cooling-off period from the date of filing the petition. This period allows for reconciliation or further consideration.

6. Second Motion:

  • After the cooling-off period, both parties need to appear in court for the “second motion.” During this hearing, the court will review the terms of the settlement and ensure that both parties still wish to proceed with the divorce.

7. Issuance of Decree:

  • If the court is satisfied that both parties are seeking divorce with mutual consent, a decree of divorce is granted. This decree is a legal document that formally ends the marriage.

8. Maintenance and Child Custody:

  • The terms of maintenance, alimony, and child custody should be agreed upon by both parties and included in the joint petition. The court will approve these terms as part of the divorce decree.

9. Final Decree:

  • Once the court issues the final decree, the divorce becomes legally effective, and both parties are free to remarry.

It’s important to note that the process of divorce by mutual consent in Indore can vary depending on individual circumstances, and it’s advisable to consult with a qualified divorce lawyer in Indore, to navigate the legal proceedings smoothly. Additionally, the terms and conditions mentioned in the joint petition should be fair and just to both parties, as the court may examine them closely before granting the divorce decree.

Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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