Package Inclusions

  • Telephonic consultation with a divorce lawyer
  • Meeting with the divorce lawyer
  • Mutual Consent Divorce petition drafting
  • Filing of 1st motion Mutual Consent Divorce petition
  • Filing of 2nd Motion Mutual Consent Divorce petition
  • Obtaining Divorce Decree from the court
  • Out of pocket expenses
Have questions? Consult a mutual divorce lawyer for free.
Call us on +91-9250004781 or +91- 9250004782 to understand mutual divorce.





File For Mutual Divorce Anywhere in India

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What Is Mutual Consent Divorce
When the husband and the wife decide to move ahead in their respective lives separately, and mutually agree over the terms and conditions of their divorce, this process of divorce is called Divorce by Mutual Consent. The Hindu Marriage Act, 1955 provides that both the husband and the wife have a right to get their marriage dissolved by a decree of divorce on more than one grounds specifically enumerated in Section 13-B.
What Are Grounds For Mutual Consent Divorce
  • 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
Documents Required For Mutual Consent Divorce
  • Income Tax returns (3 years)
  • Details of present income
  • Birth and family details
  • The details of the assets
Courts For Mutual Consent Divorce in India
  • 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 wife is residing as of present
What Is the Procedure To Obtain Mutual Consent Divorce
  • Filed under Section 13 B of Hindu Marriage Act, 1955.
  • Both the parties need to file the petition together seeking 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 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 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.
Mutual Consent Divorce for NRI
NRIs/non 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 Sec 13 of the Civil Procedure Code, 1908. Hence, it is subject to discretion of the Indian Courts, if challenged otherwise. Also, the court may grant camera proceedings to take place as an exception.

Have questions? Consult a mutual divorce lawyer for free.



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