Lets understand Mutual Consent Divorce in detail
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.
Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce.
As per law, duration/time of obtaining mutual consent divorce is 6 months. Although, parties have option of filing the second motion petition any time between 6 months and 18 months from the date of the filing of the Mutual Consent Divorce Petition.
Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed and other allied questions. For the purpose clarity, you just need to understand following bullets point:-
Life partners should converse with one another about future course. On the off chance that the two mates reach to a resolution that marriage isn’t serviceable they should back out the pressure encompassing them and acknowledge that their marriage has separated. Disregard the dread of society. No one realizes circumstance superior to a couple themselves; likewise sway on the children.
Accept that there can be agreement even in conflict.
If there are child(ren) involved, spouse should decide amongst themselves who is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor child(ren). Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.
Next important aspect is financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, marriages, istridhan, joint investments, joint accounts and many other. As a mutual consent divorce lawyers, we provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We as a mutual consent divorce lawyers provide different options using our vast experience in the field to resolve issues affecting the chances of settlement. Sometime, emotions between spouses are running so high that logic fails.
File Petition for Mutual Divorce in India
Mutual Consent Divorce can be filed/applied at any of the following place:-
- Place where marriage had taken place
- Place where husband and wife last resided together.
- Place where wife is residing at the time of filing of the Petition
Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney (POA). Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.
6 month cooling off period
After passing of first motion, parties are called upon to wait for 6 months period before moving Petition for second motion. This period is extendable unto 18 months. This 6 months period in mutual consent divorce is also known as cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.
This six months period can be waived by concerned family Court upon filing an Application for waiver of six months. Family Court has discretion to waive of the period. Thus, time period of six months can be waived off and may be reduced to as less as 15 days or a month or so.
After six months period or after waiver of six months, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.
During the period of six months i.e. before moving second motion,both parties have liberty to withdraw their consent for divorce.
After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.