What is Mutual consent divorce in India?

 Mutual consent divorce means when husband and wife together decide to get divorced. This implies fewer complications and hindrances as both partners are ready. Several divorce lawyers in Delhi provide counseling for the complete procedure. However, before initiating the process, you should also have basic information about it. Today, we will discuss how mutual consent divorce happens and its requirements.

Criteria for application

The eligibility criteria for mutual consent divorce states that both husband and wife should agree with the decision to divorce. The whole point of this divorce category is to show mutual consent by both partners for divorce. Moreover, some other pre-requistes, such as husband and wife should live away from each other for one year. Both partners are unwilling to stay together even after putting in the effort. Therefore, the couple can apply for mutual consent divorce at least after one year of marriage.

In our constitution, we have an elaborate procedure and guidelines for executing the whole process of divorce. The mutual consent divorce process has been discussed in Section 13B of the Hindu Marriage Act 1955, which states that a couple should live separately for a minimum of one year. Then it is also talked about in Section 28 of the Special Marriage Act, 1954, and Section 32B of the Parsi Marriage Act, 1936.

Other provisions include the Christian and Muslim Marriage Act and Section 10A of the Divorce Act 1869. As per the Divorce Act, the minimum period for living separately after marriage should be around 2 years. You can also search for divorce lawyers near me and discuss your issue with them for deeper understanding.

Documents for the divorce procedure

The procedure requires some documents to be submitted at different levels of the process. For example, to fill out a divorce petition, you need to have a marriage certificate, address proof for both husband and wife, and four marriage pictures as evidence.

Also, you need to include an income tax statement for the last 3 years. This helps in deciding the separation of assets and valuation of the alimony. This also includes providing the detail of the occupation by both partners, along with an appointment letter and salary slip for complete transparency. For financial decisions, partners must also disclose their property and its papers. Both partners need to provide information about their parents and evidence to prove that they have lived separately for one year.

They also need to include evidence to show that their efforts for reconciliation were unsuccessful, leading to their final decision of divorce. But, again, you can get better guidance from a divorce lawyer in Delhi.

Process of filing the divorce

The process of filing a mutual consent divorce includes the following steps;First, both partners must submit a joint petition in the family court for their mutual consent to divorce. Both partners should sign this petition.

Further, both partners must appear in court for the complete procedure, and then the court will scrutinize the application.

Then, the court will record the statement and pass the first motion followed by the second motion, where both partners must be present.

At last, the court will give its decision if all goes well.

Conclusion

Mutual consent law has fewer issues in finalizing the divorce. That’s why it is preferred by several couples who want to part ways. However, you can discuss it with a divorce lawyer in Delhi to get a professional outlook.

Reference Link(Originally Posted): https://karunasharmalawyer.wordpress.com/2022/11/25/156/