Mutual Consent Divorce Lawyer
Not all marriages are meant forever. Sometimes moving on is the best for the family. Best Mutual Consent Divorce Lawyer in Ahmedabad, India.
What is Mutual Consent Divorce?
As it is very clear from the name itself that divorce is by consent, which is mutually agreed by and between the Husband and wife. In other simple words when husband and wife both are looking for separation/divorce it can be called divorce by “Mutual Consent”.
Mutual consent divorce is the very simple and shortest way for Divorce only requirement for the same is that the couple must be agreed upon the same terms and conditions by and between (if any). The terms and conditions are mostly involved alimony, child custody, exchange of articles, or division of property. If husband and wife have any disputes are not able to reach an amicable settlement then certainly mutual consent divorce is not the remedy. If the couple reached an amicable settlement and decides the terms and conditions of all issues/disputes (if any). Then one should always prefer mutual Consent Divorce.
It is a purely amicable settlement and decision by a spouse, wherein courts only ensure that the consent is without any coercion and undue influence. The Mutual consent divorce can be filed as per the provision available as Section 13 (B) of the Hindu Marriage Act, 1955, Section 28 of the Special Marriage Act, 1954 Section 10 A (1) of the Divorce Act, 1869 for Christian and other personal law.
The First condition towards the mutual consent divorce is to amicably settle all disputes by and between husband and wife, certainly, both can seek a consultation from a lawyer or expert for help the further course of action comes into the picture is called “procedure” to be filed the petition in court and proceeding to obtain order and decree. For simple understanding process and proceeding right from the beginning to get the order and copy is as follows.
Process of Mutual Consent Divorce
- Parties (Husband and wife) discuss with each other for divorce by mutual consent.
- Decides and work upon all disputes (if any), decide terms and conditions for divorce.
- If needed appoint a lawyer or obtain proper legal consultation to clear, if any doubt how and what can be the best way to come out in certain terms and conditions.
- One can get the Petition Drafted from lawyer having all necessary information to be mentioned in the Petition, Affidavits, Address Pursis, List Of Documents, Application for Appointment of Advocate, Vakalat Nama, Extra Copy of the Petition, Etc.
- Once after verify and check all averment and contents of the Petition.
- Husband and Wife can remain present for presenting the petition in the court of law i.e. called “Filing”. If any of the parties are not able to remain present can appoint a power of attorney to remain present for filing.
- The registry accepts and marks the number to the petition.
- The next date will be given for hearing on the day of filing.
- Further waiving of six months mandatory period Application can be filed after a week or ten days in light of the judgment by Hon’ble Supreme Court of India in Judgment dated 12th September 2017 in the CIVIL APEAL N. 11158 of 2017 arising out of the SPECIAL LEAVE PETITION (Civil) No. 20184 of 2017.
- Examination in Chief Affidavit by both parties and conciliation process takes place.
- Hon’ble Court records/ensure consent once again in hearing and keeps the matter for order and decree.
The Documents required for Divorce by Mutual Consent
- ID proofs and Address proofs of both parties i.e. Husband and wife.
- Marriage Photographs or Marriage Certificate (if Registered), or Marriage Invitation card.
- If Children (Birth Certificate if obtained)
- Etc.
The contents are not legal advice same is just information for reference.
Format for the Petition under 13 (B) of the Hindu Marriage Act, 1955/ “Mutual Consent Divorce”