Mutual Divorce
Procedure For Mutual Consent Divorce
The time span for obtaining mutual consent divorce is six months, which petition can be kept pending for a maximum period of one and half year. However the Hon’ble Supreme Court of India, has waved the six months period in CIVIL APPEAL No. 4490 OF 2016 (in some exceptional cases) in Mutual Consent Divorce, by making an application before the Hon’ble Court for such exemption.
The wife or husband who wants to obtain divorce by way of Mutual Consent, must come to a conclusion about the children (if any) and their education, child custody, child maintenance, alimony, financial settlement, etc., and approach the lawyer (or can file on their own also) for filing the Mutual Divorce Petition in the Hon’ble Court under Mutual Consent Divorce. Accordingly the lawyer will prepare the petition as per the terms and conditions agreed by both wife and husband.
Both the spouses must present in the Court of Law while filing the Petition for Mutual Consent Divorce. Both parties must wait for six months (mandatory) and if the disputes are not resolved between wife and husband even after six months, both parties have to file the separate Chie Evidence Affidavits praying the Hon’ble Court to dissolve their marriage by Mutual Consent and the Hon’ble Court will pass a Decree of Divorce under Mutual Consent, dissolving the Marriage and if the disputes are resolved between both the wife and husband within six months, both the spouses are at liberty to withdraw the Mutual Divorce Petition.