• Procedure and details of mutual divorce

Hello All,

Me and my husband have decided to get a mutual divorce. We stay in Gurgaon and been married for more than 8yrs. We don't have any child.
Request you to please help us with the process of getting this and also the expenditures that are included in this process.
Thanks!
Asked 2 years ago in Family Law from Gurgaon, Haryana
Religion: Hindu

1) for filing divorce by mutual consent both parties have to stay separate for period of one year

2) you may stay in same house but not as husband and wife .

3) consent terms should be enclosed to divorce petition

4) it should contain clauses as to return of streedhan , payment of maintenance etc

5) MCD takes around 6 months

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

It will take around 6 months

Deed of settlement is to be filed

Affidavit of both the parties will be filed

You will have to appear on first date and then the matter will be referred to mediation thereafter the decree will be passed after 6 months

I will charge 30k +5k(expenses) for thr same

It will be filed in the court where you two last resided together

Let me know if I can be of some help

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hello mam, the mutual divorce petition is filed under section 13b of Hindu marriage act ..A Joint petiton is filed by both husband and wife , and 2 motions are conducted .. After the first motion ( first hearing) a date of 6 months is given for the 2nd motion ( 2nd hearing ) .. On the second motion the final statement is recorded before court of both husband and wife .. If they agree to divorce , a divorce decree is passed by the court

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Hi mutual consent divorce is the best option to take a divorce. The divorce will be granted under a year and recently the 6 months waiting period after filing of the mutual consent petition is not mandatory anymore as per Supreme court judgement.

Expenditure is not much you only have to pay the court fees which. You have to put the terms and conditions of the mutual consent or any settlement which you both have agreed to, and then file the petition.

Petition can be filed where husband and wife are residing or where the marriage took place.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Hello,

Procedure is normal, nothing to worry about.

Feel free to contact

Deepanshu Gupta
Advocate, Delhi
9 Answers
1 Consultation

4.0 on 5.0

Hi

1. Hire a lawyer

2. Get the petition prepared and mention the conditions in it on which you and your wife have decided to be separated and file it in court .

3. On first date judge Wil ask you both to give statements and sign them this will be the first motion. On this day you will get a date of approximately 6 months for second motion and on that date of second motion you will be granted the divorce decree but according to new Supreme Court ruling this 6 months period can be waived off.

4. Expenditures other than the fees of lawyer depends on the consent of both of your husband and wife what alimony you want to pay her

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

You need to engage a locallawyer forthis.

Process is very simple as only a petition jointly signed by both of you containing the terms of the divorce is to be filed in court and after 6 months in presence of both of you the court would grant divorce.

So meet an advocate and take this forward.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Respected mam..

You have decided a good thing if you don't want to leave with each other...Mam you have to file a petition under section 13-B of HMA...It will take take upto 6 months court will records your statements on on two motion

At first motion court will record statment of you both and give you date for 6 months and after 6 months court will pass a decree of divorce..

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Hi

The procedural part can be taken care by your Local Lawyer.

Hire a Decent Lawyer, he will take care of the same.

In order to go for MCD you need to settle your claims outside, pen the terms and conditions in the form of an Agreement / MOU.

The Petition will be prepared by your Lawyer upon details given by you.

Regarding Expenditure, it varies from place to place and your report with the Lawyer.

If you can take it as a package i.e., all inclusive it varies from 25k to 100k.

PS: You need to convince the court about your MCD by giving proper reasons.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

Apply for divorce by mutual consent in the family court at Gurgoan.

The whole process will take 6-7 months.

Engage a lawyer dealing in Matrimonial matters to get this done.

Fee would vary from one lawyer to the other. Anything in between 20-25k would be incurred.

Please get in touch so that I may help you with this.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

File divorce petition under mutual concent after lapse six months your petition comes for hearing if court satisfies divorce be granted fee and expenditure based on relationship of your Advocate and you

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

FOR MUTUAL CONSENT DIVORCE THERE IS NO PRESCRIBED PROCEDURE AS SUCH. ITS LIKE A NORMAL MUTUAL DIVORCE CASE FILING JOINTLY WITH ALL PROOFS OF MARRIAGE. FURTHER IT CAN BE IN A MONTH TIME ALSO AS PREVIOUSLY THE TIME LIMIT WAS 6 MONTH WHICH HAS BEEN WAIVED OFF BY SUPREME COURT. FOR ANY FURTHER QUERY, FEEL FREE TO CALL ON

Krinjal S Ahuja
Advocate, Mumbai
16 Answers

4.0 on 5.0

1. Both of you shall have to decide about the terms of the said mutual consent divorce, if there is any financial term about the divorce.

2. Once the terms(if any) are decided, both of you can jointly file a Mutual Consent Divorce Petition on the agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.

3. Both of you shall have to personally appear before the Court ion the day of the 2nd motion being the final day when you shall have to confirm the Judge that you still want divorce, when the decree of divorce will be pronounced and issued by the Court.

4. Engage a local lawyer having expertise in this field.

5. It might take Ts.50 K in total to get the decree of MCD.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

A mutual consent divorce can be filled in the family court of your district. There would be two petitions on an interval of 6months under sections 13-B(1) and 13-B(2).

As per costs it would be nominal and for that you may consult a lawyer of your area.

Anand Shukla
Advocate, Delhi
473 Answers
12 Consultations

4.9 on 5.0

You've to provide

1. 2 latest passport size photos for both of you

2. Marriage Certificate

3. proof of residence showing living separate for the last one year

4.adhar card

5.marriage photograph

There will be two motion. first motion n second motion. On receipt of above documents we will draft petition for first motion n let you know the future course of action. We will charge 25000 for each motion including all expenditure.

Dalip Singh
Advocate, New Delhi
490 Answers
9 Consultations

4.9 on 5.0

Please file petition under Section 13 b of Hindu Marriage Act, before the Honourable Family Court for divorce under mutual consent through a Lawyer.

You may have to follow the procedure of the Court.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

It will take maximum 1.5 years and total expenses are Rs. 30,000/-

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You can file a joint petition seeking dissolution of your marriage by a decree of divorce on the grounds of mutual consent.

You can engage an advocate in common for both of you since this is a mutual consent divorce.

The terms and fees of the advocate may be enquired from the one desirous of engaging.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

You have to file mutual consent divorce petition under Section 13-B of Hindu Marriage Act 1955 before concerned District / Family court alongwith affidavits, passport size photos, marriage invitation card, marriage photos, identity and residence proof of you and your husband. Minimum one year separation till the date of filing mcd is mandatory. Since Mutual consent divorce is Original Petition (OP) only nominal fixed court of Rs.10/- is to be affixed and rest of expenditure will depends on advocate / layer you are going to hired

Lakshmi Kanth
Advocate, Hyderabad
435 Answers
15 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer