How to file for mutual divorce In Indore?
How to file for mutual divorce In Indore?
Filing for mutual divorce in Indore, like any other part of India, involves a legal process that must be followed meticulously. Here’s a comprehensive guide to help you navigate through the steps:
- Consultation with a Lawyer:
Seek legal advice from an experienced family lawyer in Indore. They will guide you through the entire process and ensure that you meet all the legal requirements. - Grounds for Mutual Divorce:
In India, mutual divorce can be filed under Section 13B of the Hindu Marriage Act. The couple must have been living separately for at least one year and mutually agree that the marriage has irretrievably broken down. - Drafting the Petition:
Work with your lawyer to draft a joint petition for mutual divorce. This document should include details about the couple, the reason for divorce, and terms of settlement regarding alimony, child custody, and division of assets. - Affidavit by Both Parties:
Both spouses need to provide affidavits stating that they are filing for divorce willingly and without any coercion. These affidavits should also mention the reasons for seeking a divorce. - Submission of Petition:
File the joint petition at the District Court in Indore. Along with the petition, submit the supporting documents, including marriage certificates, proof of living separately, and details of assets and liabilities. - Mandatory Cooling-Off Period:
The court will impose a mandatory six-month cooling-off period after the filing of the petition. This period allows for reconciliation, and both parties must live separately during this time. - Second Motion:
After the cooling-off period, both spouses need to appear before the court for the second motion. During this hearing, the court will examine the consent of both parties for the divorce and verify the terms of settlement. - Decree of Divorce:
If the court is satisfied with the mutual consent and terms, it will grant the decree of divorce. This legally terminates the marriage. - Registration of Divorce:
Obtain a certified copy of the divorce decree from the court. It is advisable to register the divorce with the marriage registrar’s office to ensure the legal dissolution of the marriage.
Filing for mutual divorce in Indore involves consulting with a family lawyer in Indore, drafting a joint petition, submitting it to the District Court, undergoing a mandatory cooling-off period, appearing for the second motion, and obtaining the decree of divorce.
Remember, this is a general guide, and seeking personalized legal advice is crucial for a smooth divorce process in accordance with Indian law.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
