• Mutual divorce

Sir, I am a working women.i have been married since 3 years.me and my husband have decided to apply for divorce mutually.can I get what is the procedure ,how much it can take and as I am an employee can I demand financial security from my husband for my future?please give me detailed explanation.
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

1. The time is not less than six months though the court has discretion to waive this cooling off period of six months under extra ordinary circumstances.

2. Since this mutual divorce you can negotiate for terms of divorce on agreement of which only you can give consent for it. Hence in deciding the terms of mutual divorce the court has nothing to do. It is the parties who mutually decide on its terms and then proceed to dissolve the marriage amicably.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Mutual consent divorce takes 6 months

2) you have to enclose marriage certificate

3) if marriage is not registered enclose wedding photos, wedding invitation card ,

4) also consent terms which provide alimony to be paid to you , return of your stridhan, custody of your children etc

5) contact a local lawyer . You have to stay separate for period of one year before filing for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Mam mutual divorce has to be filed in form of the joint petition before the family court in jurisdiction . The court record first motion that is consent and then 6 month cooling off period is given and then second motion consent is recorded from.both parties and court passes divorce order.in mutual divorce you and your husband can decide of your financial security that is maintenance alimony

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If it is one side it is contested divorce it has to be filed under section 13 on the grounds like of cruelty and same need to be proved before court and further in that also you can seek maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You two will have to decide upon the terms of the divorce i.e., with regards to payment, alimony etc.

A petition will be filed in the court and divorce will be granted after 6 months.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the same is filed only by one side then the same has to be filed on the ground of cruelity.

It will take 2-3 years for the case to get decided.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi

1) Both the husband and wife should file a joint petition under section 13 B of Hindu Marriage Act for mutual consent divorce.

2) Both of you should appear before the judge and thereafter the judge will number your petition (this is called first put up).

3) The judge will then schedule the second hearing of the case after a duration of 6 months. On this day also both of you have to appear.

4) You can ask for financial security from your husband. Any financial commitment from your husband has to be recorded in a Memorandum of compromise (signed by both the parties) and this Memorandum of compromise has to be filed along with the Mutual consent Divorce petition.

5) Assuming if divorce is filed by only one side, it is called contested divorce and the party seeking divorce should file a petition under Section 13(1)(a) of Hindu marriage act. But here the divorce will be on grounds of cruelty, desertion etc.

6) Technically, a working woman can demand alimony (financial security) from the husband . There is no law prohibiting a working woman from seeking Alimony (maintenance) as Alimony is decided by relevant factors such as number of dependents that need support, their special needs, lifestyle of parties etc and is currently decided at the Court's discretion,

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

A petition will be filed in the court and divorce will be granted after 6 months or it may takes some more time

in mutual divorce you and your husband can decide of your financial security that is maintenance alimony

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1) To get Mutual Consent Divorce you both need to live separately from each other for atleast six months.

2) You can ask one time alimony lumpsum amount depending upon husband financial conditions.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Mutual consent divorce will take 6-7 months to conclude.

You are free to claim permanent alimony from your husband for your future security, in lieu of your consent for divorce by mutual consent.

Let me know if I can be of any further help.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally.

If you are not getting a mutual divorce then you can file a contested/one sided divorce on merit. But no divorce can be filed within one year of marriage exception being adultery and bigamy.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

A detailed explanation:

Divorce by mutual consent

The Hindu Marriage Act 1955 under Section 13B has a provision for divorce by mutual consent; however, it puts some conditions which must be fulfilled by the parties. For instance, husband and wife have been living separately for a period of one year or more, they must also be unable to live together, and both have mutually agreed that the marriage has totally collapsed.

The fastest way or procedure of getting divorce in India is divorce by mutual consent as other options may linger on for decades. The law says that all marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976 can be annulled provided the parties to marriage consent for the same in front of the court.

How to start a divorce based on mutual consent?

The provision for consensual divorce has been for estranged spouses under Sec. 13-B of The Hindu Marriage Act, Sec. 28 of The Special Marriage Act, and

Sec.10-A of The Indian Divorce Act. The settled procedure is that for seeking a divorce by mutual consent the parties must file a petition, supported by affidavits from both partners, in the Court of Civil Judge Senior Division.

The petition which is also called the First Motion Petition for Mutual Consent Divorce should contain a joint statement by both partners present in Court. The two parties must convey that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court.

There are a lot of conflicting issues that may come when the husband and wife are agreeing upon for a mutual consent divorce. For instance, child care, alimony to wife, return of dowry items, litigation expenses, etc. should be settled long before the actual filing for divorce by mutual consent to avoid any issues later on.

What if one party does not consent?

A lot of cases come up when not all estranged couples agree on the desirability, grounds or the conditions of divorce and that is where trouble for the partner that is willing for presenting the petition starts. The government of India is mulling for amending the HMA to accommodate irretrievable breakdown of marriage and provide divorce.

Thus, there are several advantages of mutual divorce; for instance, you not just save time and money but also do not lose respect in front of relatives and the estranged partner as its mutually agreed divorce and no bitter feeling.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Mutual divorce is applied when both parties on mutual consent files the same.

mere filing is also not enough as on the date of final hearing physical presence of both of you is also required. In absence of any of you the case would be dismissed.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Madam,

It is better to take mutual consent divorce to avoid the lengthy process. Yes, you can demand financial security for your maintenance by your husband, The following information may be helpful to you.

Divorce by Mutual Consent in India- Step by Step Procedure

What is divorce by mutual consent?

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consentby filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

When can the divorce by mutual consent be filed?

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Where to file the divorce petition?

In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.

Are there different laws of divorce for different religion in India?

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

How to file divorce petition by mutual consent? What happens in the court?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

In such circumstances, the court grants no divorce decree.

What can the other partner do under such circumstances?

There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Can the spouse consent for remarriage without getting divorce from existing partner?

Remarriage without getting divorce is a punishable offence with seven years imprisonment.

If either of the spouses is not heard for a long time, should the divorce be applied?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

What are the costs involved in getting divorce by mutual consent?

If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.

But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.

How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

When you are also employed and drawing an handsome salary, you may not be eligible legally to claim any money from him towards alimony.

However since it is a mutual consent divorce you can demand a sum from him as one time quit settlement and settle down on an amount that is negotiable or acceptable to you

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

What if divorce filed by only one side sir?

Then it will be contested divorce which may run for years.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

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