What Are The Documents Required For Mutual Divorce In India

Mutual divorce is a divorce that is agreed to by both partners in a marriage. Given that both parties have consented to the proceedings and settlements of the case, mutual divorce processes tend to be far less expensive and unpleasant. Even if they are still legally married, both parties must have lived apart for at least a year before filing for divorce on their own.

The Joint Petition under Section 13-B must be filed before the family court of the appropriate jurisdiction in circumstances when the couple has mutual permission to seek a divorce (under section 19 of the Hindu Marriage Act). Additionally, the Joint Petition must be filed in two motions within the allotted time frame in order for the mutual divorce to be granted, and as a result, the divorce decree will be granted in two movements.

As a result, the first joint Petition will be submitted as the Petition for the decree of divorce in the first motion. After a minimum of six months has passed since the date of the first motion's decision, the joint Petition for the second motion must be submitted to the court, where the court will then grant the final decree of divorce.

Documents Required:

Typically, those who choose mutual divorce are better prepared for the process. Making the necessary documentation in advance is one of the most crucial aspects of being ready for an amicable divorce. By doing so, the procedure can be expedited and time-consuming legal difficulties 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

Conditions for Mutual Divorce:

One Year Separation: The parties have mutually agreed that the marriage should be dissolved since they have been living apart for at least a year, are unable to cohabitate, and cannot live together. The one-year separation period must have occurred right before the petition is presented. "Living separately" refers to not living as a husband and wife and has no bearing on where one resides.

Cooling –off period: Both parties must be present for the motion, which must be filed no earlier than six months and no later than 18 months after the date on which the petition was presented as mentioned in subsection (1). The interruption period of 6 to 18 months outlined in section 13B is meant to allow the parties some space and time to consider their actions.

Mutual Consent: Mutual agreement should endure until the divorce is finalized.

If there is no consent present at the time of an investigation, the court lacks the authority to issue a divorce decision.

  • In the case of Suman v. Surendra Kumar, AIR 2003 Raj 155, the Hon. High Court of Rajasthan established the rule that neither party's silence constitutes a withdrawal of consent. The Respondent in this case delayed the proceeding for more than three years with his continued silence. Nothing prevented him from stating that he was withdrawing his consent for the dissolution of the marriage by a judgment of divorce by way of mutual consent in front of the Family Court at the time of the second application.
  • In the case of Sureshta Devi v. Om Prakash, AIR 1992 SC 1904, the Hon'ble Supreme Court established that any party's permission must be granted voluntarily. The Court further stated that the action allows it to proceed with the case in order to determine whether the petitioner's allegations are true and whether the consent was not gained through coercion, fraud, or undue influence.

These documents are necessary for a divorce by mutual consent, although the other paperwork can be needed as well, depending on the petitioner's legal justifications. You will therefore require extra paperwork if you decide to file for a disputed divorce. Depending on the reasons for filing for divorce, different documents will be required.

For mutual divorce, it is advisable to appoint a lawyer. It will reduce the chances of any mistake. If a couple or any one of the people live in Gurgaon then Divorce Lawyers In Gurgaon can be appointed. Likewise, Divorce Lawyers In Delhi can also be consulted if the couple resides 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 best advice, speak with a lawyer. Our legal team understands the law and can assist you in making informed decisions. Our legal team also offers free legal advice online.

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