top of page
Search
  • leadindia836
    • Jan 28, 2023
    • 3 min read

What Documents Are Required For Mutual Divorce?

The term "mutual divorce" refers to a divorce that both spouses in a marriage have approved. Mutual divorces are typically much less expensive and unpleasant because both parties have agreed to the proceedings and settlements of the case. Even though they are still technically married, both parties need to have lived apart for at least a year before they can independently file for divorce.

When a couple has mutual consent to file for divorce, the Joint Petition under Section 13-B must be submitted to the family court of the relevant jurisdiction (under section 19 of the Hindu Marriage Act). The divorce decree will be given in two movements because the Joint Petition must also be filed in two moves within the stipulated time frame in order for the mutual divorce to be granted.

As a result, the first motion will include the first joint Petition as the Petition for the Decree of Divorce. The joint Petition for the Second Motion must be filed with the court at least six months after the court's ruling on the First Motion, at which point the court will issue the final divorce decree.

Conditions for Mutual Divorce:

  • One-Year Separation: Since they have been apart for at least a year, are unable to cohabitate, and cannot live together, the parties have mutually decided that the marriage should be dissolved. The petition must have been filed immediately after the one-year separation period. Living apart from your spouse is referred to as "living separately" and has nothing to do with where you call home.

  • Cooling –off period: The motion must be submitted within six months of the petition's presentation date and no later than 18 months after that date, as specified in the subsection, and both parties must be present (1). The parties are given some time and space to think things over during the interruption period of 6 to 18 months described in section 13B.

  • Mutual Consent: Until the divorce is formalized, mutual understanding should remain in place.



The court lacks the authority to grant a divorce if consent is not present at the time of an investigation.

  • The Hon. High Court of Rajasthan established the rule that neither party's silence constituted a withdrawal of agreement in the case of Suman v. Surendra Kumar, AIR 2003 Raj 155. With his continued silence, the Respondent in this instance caused the proceeding to be postponed for more than three years. Nothing precluded him from declaring before the Family Court at the time of the second application that he was withdrawing his consent for the dissolution of the marriage by a judgment of divorce by way of mutual consent.

  • The Hon'ble Supreme Court ruled in the case of Sureshta Devi v. Om Prakash, AIR 1992 SC 1904, that any party's approval must be given voluntarily. The petition's accusations are genuine, and the consent wasn't obtained through coercion, fraud, or undue influence, the court said, the action enables it to move forward with the case.

Documents Required:

People who opt for mutual divorce are typically better prepared for the procedure. One of the most important components of being prepared for an amicable divorce is creating the required papers beforehand. By doing this, the process can be sped up and laborious legal issues can be avoided.

  • Address verification for the couple

  • Information about the petitioner's occupation and current compensation - pay stubs

And an appointment letter

  • Tax returns for the previous three years.

  • Information on the petitioner's family history

  • Items that belong to the petitioner

  • Invitation to a wedding card

  • Marriage license Proof that the couple has been living apart for more than a year

  • Proof that attempts have been made at reconciliation but have failed

  • Four pictures of weddings

Even though it is not necessary for a divorce by mutual consent, additional documents may be needed based on the petitioner's legal arguments. As a result, if you want to file for a contested divorce, you will need extra papers. Different documentation will be needed depending on the grounds for filing for divorce.

It is advisable to appoint a lawyer for a mutual divorce. It will reduce the chances of any mistake. If a couple or any one of the persons lives in Bilaspur then a criminal lawyer in bilaspur can be consulted. Likewise, a divorce lawyer in mumbai can also be consulted if the couple resides in Mumbai. Moreover, a criminal lawyer in delhi can be consulted if the petition is filed in Delhi.

At Lead India, we offer a range of expertise and legal services. You can ask a legal question here regarding mutual divorce. To get the greatest guidance in this situation, talk to a lawyer. Our team of attorneys understands the ins and outs of the law which will help you in making informed decisions. You can also get free legal advice online.

Call Us: - +91-8800788535


1 view0 comments

Comments

bottom of page