Procedure to File for Mutual Divorce in India

Mutual divorce is a legal process where both spouses agree to dissolve their marriage amicably. This procedure is often preferred by couples who can’t continue their marriage but wish to part ways without disputes. Here’s a detailed guide on how to file for mutual divorce in India:

1. Eligibility Criteria

Before filing for a mutual divorce, ensure you meet the following criteria:

Duration of Marriage: Under Section 13B of the Hindu Marriage Act, 1955, the couple must have been married for at least one year.
Mutual Consent: Both parties must agree to the divorce and settle all matters related to alimony, child custody, and property division.

2. Preparation of Documents

Gather the necessary documents for filing:

Marriage Certificate: Proof of marriage is required.
Proof of Separation: Documents proving that the couple has been living separately (e.g., utility bills, rental agreements).
Identification Proofs: Aadhar card, passport, or any other government-issued ID.
Address Proofs: Utility bills, bank statements, or other documents confirming your address.
Affidavits: Affidavits from both parties stating that the marriage has irretrievably broken down and they have mutually agreed to divorce.
Settlement Agreement: A written agreement detailing alimony, division of assets, and child custody (if applicable).

3. Drafting and Filing the Petition

Consult a Lawyer: Engage a lawyer experienced in family law to draft the mutual divorce petition. They will ensure that the petition is correctly framed and includes all necessary details.
Filing the Petition: Submit the petition along with all supporting documents to the family court of the jurisdiction where either spouse resides. This petition will include details about the marriage, the reason for seeking divorce, and the mutual agreement.

4. Court Hearing

First Motion Hearing: After filing the petition, the court will schedule a hearing. During this hearing, both parties will appear before the judge and confirm their consent to the divorce. The judge will review the petition and the settlement agreement.
Verification of Documents: The court will verify all submitted documents and ensure that both parties have agreed to the terms of the divorce.
Cooling-Off Period: In most cases, the court may grant a cooling-off period of six months. This period is intended for the couple to reconsider their decision and ensure that their decision to divorce is final.

5. Second Motion Hearing

Submission of Confirmation: After the cooling-off period, both parties must appear before the court again to confirm that they still wish to proceed with the divorce.
Final Hearing: During this hearing, the court will review the case one final time. If all conditions are met and both parties confirm their consent, the court will grant the final decree of divorce.

6. Issuance of Divorce Decree

Final Decree: Once the court is satisfied with the mutual consent and settlement, it will issue a divorce decree, officially dissolving the marriage.
Certified Copy: Obtain a certified copy of the divorce decree from the court, which serves as legal proof of the divorce.

7. Post-Divorce Procedures

Update Records: Update your personal records, such as your passport, bank accounts, and any other documents to reflect your changed marital status.
Implement Settlement: Ensure that the terms of the settlement agreement, including alimony payments, division of assets, and child custody arrangements, are implemented as agreed.

Conclusion

Filing for a mutual divorce involves several steps, from preparing the necessary documents to appearing in court. By ensuring that both parties are in agreement and following the legal procedures, the process can be relatively smooth and amicable. Engaging a competent lawyer and adhering to the court’s guidelines will help facilitate a successful divorce process.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304