Understanding Mutual Divorce in India

A mutual divorce is filed by the couple when both of them decide to end their married life. File under Section 13B or Section 28, based on whether it’s a Hindu or special marriage. Filling the mutual divorce at least one year couple are must be living separately and this legal option saves your time also. When you want to legally move the filing procedure at Dua’s & Dua’s, Advocate Rajal Rai Dua, an experienced divorce lawyer in Delhi helps you to make this process smooth and clear.

Legal Requirements for Mutual Divorce

Applying for mutual divorce means that certain rules are followed:

1.   Minimum one year couples are wanted to live separately.
2.   Where both of them decide they can’t live together anymore.
3.   Both of them genuinely want the divorce.
4.   No one should be forced, emotionally threatened or pressured into signing the divorce paper.
5.   Marriage must be legally registered.
6.   Both of them signed the first motion petition.

Based on this legal condition, any minor missing means the court can reject your petition. So, an experienced family court lawyer in Delhi can guide you through this process and properly check the procedure.

Eligibility Criteria for Filing

1. Legally married: A valid marriage certificate is needed for filing the mutual divorce.
2. 1-year separation: Both of them must be living separately for at least one year.
3. Mutual consent: Both of them agree to the divorce.
4. Jurisdiction: File in the Court. Choose the court based on both of them residing nearby.
5. Marriage laws: Based on the Hindu Marriage Act or Christian Marriage Act, file the petition.
6. No pending cases: If any domestic violence cases are pending, the mutual divorce case must be rejected.

Step-by-Step Procedure to File for Mutual Divorce

Step 1: Consult a Divorce Lawyer

To ensure your mutual divorce goes smoothly, it’s best to seek guidance from an experienced professional like Advocate Rajal Rai Dua, a trusted divorce lawyer in Delhi. He’ll carefully understand your situation and offer clear legal advice tailored to your needs, making the entire process easier and stress-free.

Step 2: Draft the Joint Petition

Both of them jointly prepare the legal documentation; it is called a joint petition. This petition will clearly say both parties want the divorce and they are doing it with mutual consent and include settlement details also.

Step 3: File the First Motion in Family Court

After drafting the joint petition, fill in the appropriate family court. After submitting the petition, the court reviews the documents and schedules a date for the first motion hearing.

Step 4: First Court Appearance

Where both parties can be present in the court. Then the judge will ask the basic questions of both parties separately.

Step 5: Cooling-Off Period

After the first court appearance, the court gives a 6-month waiting period to both parties. This time the couple has a final chance to rethink their decision.

Step 6: File Second Motion After 6 Months

If the 6-month waiting period is over, both of them file a second motion. This marks the final stage of the mutual divorce process, where everything comes to a legal conclusion. We both still agree with that court move to the next process.

Step 7: Final Hearing and Decree

In the final hearing, the court reviews both parties’ statements and documents. If all the conditions are met, the court officially approves and finalizes the divorce.

Documents Required for Mutual Divorce

•       Marriage Certificate – Official Proof of Marriage
•       Address Proof – Both parties individual address proof
•       ID Proofs – Pan Card or any government ID for verification
•       Photographs – Both of them passport-size photos
•       Proof of Separation – Evidence that the couple has been living separately.
•       Mutual Settlement Agreement – If custody or alimony is decided, submit the mutual settlement agreement.

 Drafting and Filing the Joint Petition

The mutual divorce process’s first and main step is drafting the joint petition. Both of them together drafted the petition. The statement is where you clearly mention both of them agree with that. The agreement should also clearly cover important aspects like child custody, alimony, maintenance and division of property. This is a legal document, so one professional divorce lawyer in Delhi, Advocate Rajal Rai Dua, prepared the document clearly. After drafting, both parties sign the document and submit it to the court; this is the first motion.

Timeline and Hearing Process

During a mutual divorce, the process follows a structured timeline with specific legal steps at each stage. Mostly courts follow the steps based on Indian law:

1. Filing First Motion: File the joint petition in the relevant family court.
2. First Court Hearing: Both parties appear physically. Starting the cooling-off period.
3. Second Motion: After the 6-month period, both spouses must appear before the court once again.
4. Final Hearing & Divorce Decree: Court inquiry at least one time. If the court is satisfied with everything, the judge will formally grant the mutual divorce decree.

Ensuring a Smooth Legal Separation

Wanting a smooth and peaceful separation, mutual divorce is the best option. When both parties cooperate and follow the legal process properly. The case moves smoothly through the court. A skilled divorce lawyer in Delhi, Advocate Rajal Rai Dua helps to prepare all the documents. Avoid unnecessary delay; with the right guidance and support, you can complete the mutual divorce process smoothly.