Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976.
Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation.
As prescribed in the law, the minimum time period in which a Mutual Consent Divorce is six months, though parties can file their secondary petition between six and eighteen months after filing the first Mutual Consent Divorce Petition.
Initiating Mutual Consent Divorce Proceedings;
Practices and procedures of the Courts;
Time periods around Mutual Consent Divorce
Terms and conditions of Mutual Consent Divorce;
Spousal maintenance; and
Custody of children;
We specialise in creating an atmosphere where the parties to a Mutual Consent Divorce can communicate in an open manner, minimising the stress and grief involved.
Once a husband and wife have come to the realisation that their marriage is no longer sustainable, though it is difficult, they should openly accept that their marriage has broken down. These decisions are not easy, and society often places pressure on couples to stay together, however, the happiness and quality of life of the husband and wife is more important than these issues. Further, raising children in an environment where a marriage has broken down can have an extremely negative impact on children.
We will assist in working out how the custody of children is arranged, noting that it is most important that the welfare of the child or children is the primary concern. This includes physical custody, visitation, and interim custody during holidays. Ideally, we like to see both parents take an active role in the raising and development of their children and will strive for this.
The next aspect to be considered is financial settlements and arrangements. These arrangements include, but are not limited to:
Alimony;
Maintenance;
House and property (properties);
Education expenses;
Istridhan;
Joint and separate investments; and
Joint and separate bank accounts.
We provide a professional and expert service in this area and will help facilitate smooth resolution to these issues. Once a party is ready and able to file an application for Mutual Consent Divorce, they can lodge the Petition at the following locations:
The place where the marriage occurred;
The place where the husband and wife last resided together; and
The place where the wife is living at the time of the filing of the Petition.
Once the Petition has been filed, the parties will be required to attend Court to record the necessary statements. Power of attorney can be granted in situations where a party is unable to attend, though this is normally granted to a close relative. The recording of this statement is colloquially known as the First Motion.
After a period of no less than six months has elapsed from the First Motion, the parties can then move to have the Second Motion heard. This period of time is there to allow possible reconciliation between the parties. Also, either party can withdraw their consent to the divorce proceedings in this period.
However, if the parties seek the Second Motion, they or the person who has been granted power of attorney will need to again appear in Court. Another statement will be recorded. Thereafter the Court will then grant a decree of divorce and the marriage will be dissolved.
