Step by step procedure for mutual consent divorce in India.
Mutual consent divorce in India is a process that allows both parties to dissolve their marriage without any dispute or fault-finding. Here are the steps involved in obtaining a mutual consent divorce in India:
- Consultation with a lawyer: Both parties should consult with a lawyer who specializes in family law to discuss their options and understand the legal requirements for a mutual consent divorce.
- Drafting of the petition: Once the parties have decided to go for a mutual consent divorce, the next step is to draft a joint petition, which should contain details such as the grounds for divorce, the terms of separation, and arrangements for any children of the marriage.
- Filing the petition: The petition should be filed with the appropriate family court, which has jurisdiction over the area where the parties last lived together.
- First motion hearing: The court will set a date for the first motion hearing, which usually takes place within a month of filing the petition. At this hearing, both parties will need to appear before the judge and confirm their willingness to proceed with the divorce.
- Cooling-off period: After the first motion hearing, the court will impose a mandatory cooling-off period of six months to allow both parties to reconsider their decision.
- Second motion hearing: After the cooling-off period, the court will schedule a second motion hearing, during which both parties must appear before the judge and confirm their consent to the divorce. The court will then grant the divorce decree.
- Registration of divorce decree: Once the court has granted the divorce decree, it must be registered with the appropriate authorities, such as the registrar of marriages, to make it legally binding.
It is important to note that the process and timeline may vary depending on the court, the location, and the specific circumstances of the case. It is always advisable to consult with a lawyer who can guide you through the process and ensure that your rights are protected.