- Both the parties to the marriage have been living separately for a period of one year or more
- They have not been able to live together
- They have now mutually agreed for the dissolution of the marriage
- Address proof of husband
- Address proof of wife
- Marriage certificate
- Four passport size photographs of the marriage of husband and wife
- Evidence proving spouses are living separately for more than a year.
- Evidence relating to the failed attempts of reconciliation
Further when the case proceeds in the Courts; there are certain other documents which have to be presented to get a Divorce Decree:
- Income Tax Returns (3 years)
- Details of present income
- Birth and family details
- The details of the assets
Competent Court and Jurisdiction
There are various courts that can try a Divorce case, but eventually, only the competent court must be approached to get a Regular Valid Decree. The petition for mutual divorce can be filled in these competent courts:
- The court having jurisdiction over the area where couple seeking divorce last lived together
- The court having jurisdiction over the area where marriage was solemnized
- The court having jurisdiction over the area where the wife is residing as of present
Procedure To Obtain Mutual Consent Divorce
The process of getting the divorce might seem a little hectic, yet it the ideal process to follow the same. The procedure being:
- Petition to be filed under Section 13 B of Hindu Marriage Act, 1955.
- Both the parties need to file this petition together seeking the divorce before the District Court.
- The parties intending to dissolve marriage can file for divorce after at least one year from the date of marriage.
- Both the parties need to file the petition together seeking the divorce before the District Court.
- Parties are required to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce.
- Jurisdiction is with the Family Court of the city/ district where the parties last resided together (matrimonial home).
- The divorce petition is filed in the form of affidavit thereby stating that the divorce is by mutual consent and containing the agreed clauses by the parties. (First Motion)
- Recording of statements of both parties by the court.
- Six months of cooling period (not more than eighteen months in any case) granted by the court in a case to the parties wish to consider any reconciliation.
- During the period of six months, any of the party is fully entitled to withdraw the mutual consent by filing an application before the court.
- After six months, parties present themselves in front of the court.
- Parties confirm the mutual consent filed earlier. (Second Motion).
- Decree of Divorce granted by the court.
With the question of getting a divorce the remedy is similar for the NRI’s too but in certain cases, the NRIs may follow up to the Courts which are non-Indian & seek a remedy of Divorce by mutual consent by virtue of the Countries Judicial Autonomy.
NRIs/non-resident Indian couples who got married in India can file for a mutual divorce in India. The couple can also file a divorce petition in the foreign country under the laws of that country in which the couple resides but the decree passed by foreign courts should not be inconclusive of . Hence, it is subject to the discretion of the Indian Courts, if challenged otherwise. Also, the court may grant camera proceedings to take place as an exception.
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