Mutual Consent Divorce in India
Taps9 Law Chamber is a special in matrimonial matters. Mutual consent divorce can be filed when both parties agree to amicably dissolve their marriage . However there needs to be a minimum 1 year separation prior to filing the mutual consent divorce petition when filed under S. 13 B of the Hindu Marriage Act, 1955 and in cases of Special Marriage Act 1954, Section 28 of the said Act. There’s a 2 year separation period in case of Christians who are govered by the India Divorce Act 1869. The procedure is simple ,a joint petition signed by both parties will be presented before the court with particulars containing child custody in cases where there are children and if any payment is decided between the parties to be paid before the divorce decree is granted .
There will be 2 motions which means the parties will have to appear before the court 2 times. On the first date of hearing also called First Motion hearing , statement of parties will be recorded and if the court thinks fit the same will be allowed , thereafter the parties can apply for second motion after the completion of 6 months cooling period.
In case the separation period prior to filing the first motion is more than 18 months , the court has the power to grant waiver of 6 months cooling period . In such cases divorce may be allowed within a shorter period.
Once the second motion is allowed by the court. The parties will be given their divorce decree.