• How to initiate mutual separation procedure

Hi ,I am seeking for the advice for my brother in law..He is looking for the mutual separation process with his wife. Please suggest. Girl belongs to Delhi and my brother in law stay in Punjab. Can we initiate the process in Delhi? I am staying in Delhi...
Regards
Asked 5 months ago in Family Law
Religion: Hindu

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30 Answers

Yes. As the girl is staying in Delhi, her case for mutual consent can be filed in family court in her district in Delhi.

Siddharth Jain
Advocate, New Delhi
5612 Answers
65 Consultations

5.0 on 5.0

1. If both husband and wife are ready for divorce they can prefer a joint mutual divorce petition before the family court. It can be done before court in Delhi.

2. For maintenance, child custody issues a separate mutual divorce agreement can be prepared where in they can agree to terms.

3. After sub mission of joint petition court record their consent for divorce and give a cooking period of 6 or more months and then give date for second motion.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1. Under Hindu Marriage Act a petition for dissolution of marriage can be filed where the marriage was solemnised or where couple last resided together.

2. Mutual Consent Divorce under Section 13B of Hindu Marriage Act is the simplest and only hassle free process in India to dissolve a marriage that has strained beyond repair. It takes 6 months for the process to culminate from the date of filing of the petition if all the documents are in order, but this cooling off period can also be waived or shortened by the courts now. A positive agreement has to be reached between spouses on all issues such as maintenance/permanent alimony, child custody, division of assets, etc.

3. The process begins bey engaging a lawyer. Both spouses may engage a common lawyer or they may engage their separate lawyers.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

Yes you can initiate the process in Delhi but only after this lockdown is over. 

 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

It appears you are looking for mutual divorce.  To stay separate no court order is necessary. 

For making mutual divorce proceeding happening you need consent of both parties.  Unless both parties agree it can't happen. 

It can be done either of the places.  Since filing requires consensual decision of both the place of filing can be fixed after amicable settlement. 

So first get the consent of the girl before thinking over beyond it.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Hi,a mutual divorce petition can be filed at delhi under section 13 B of Hindu marriage act..The marriage should have completed 1.5 years for obtaining Mutualdivorce 

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

 

1. Let  your b-in-law convince his spouse

to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 2.  In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

5.  The divorce petition can be filed where the couple last resided or in the place the marriage took place between them.

 

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

You can file for divorce by mutual consent in Delhi as girl is residing in Delhi 

 

2) you can file for divorce by mutual consent after staying separate for one year 

 

3) consent terms should be enclosed to petition 

 

4) it should mention alimony of any payable , custody of children ,etc 

 

5) mutual consent divorce proceedings take 6 months 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

You can proceed there divorce from where the last resided jointly in matrimonial home or boy from Punjab. If girl take initiative than from Delhi.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

The place of jurisdiction to file matrimonial dispute cases are  where they were lastly residing together or where the wife is residing presently. Therefore, it would be better if they proceed in Delhi court jurisdiction. 

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

Hello,

  1. Yes, the case can be filed in Delhi. The places where such petition can be filed is where the marriage took place, where they resided as husband and wife for the last time or where the wife currently resides.
  2. They need to file the case jointly and both have to remain present in the court at the time of filing the case. They can either have the same lawyer or choose to have separate lawyers to represent them.
  3. After the first motion and counselling, the court passes a decree of divorce after 6 months. Both have to be again before the court on this date.

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

Dear querist, 

If they are looking for mutual separation, you can file for divorce by mutual consent in Delhi as the girl is residing in Delhi. Please note that the divorce by mutual consent can be granted when the couple is under judicial separation for one year. The terms are to be mentioned in the petition and terms of alimony and other terms such as custody are to be mentioned in the petition. You can hire an advocate to draft the petition and get it done. Usually, the mutual divorce proceedings take 6 months. 

 

In case you need my assistance, you can contact me for consultation or linkedin. 

https://www.linkedin.com/in/yuganshu-sharma-655091183/

 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, New Delhi
386 Answers
1 Consultation

5.0 on 5.0

Respected sir /mam....

Decree of judicial separation will be provided by the honorable court under section 10 of Hindu marriage act ...if both the parties are agree then that can be solved very soon ...as court is open now with prior permission you can approach the honorable court and you also can file the petition in Delhi ....

I am also from Delhi you can call me for further assistance...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

Dear Sir/Madam,

You may initiate the proceedings at Delhi as the girl (one of the petitioners) is staying in Delhi.  

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

We can file petition in Delhi as well as in Punjab.  To initiate for mutual consent divorce, a joint petition is to be prepared on the mutual agreed terms and  conditions provided they are living separate atleast for one year.  For filing the petition, we have to arrange following document:

1. Original Marriage Certificate

2. Marriage Photo of bride and brideroom

3. ID proof of both the petitioners

4. Residence proof of both the petitioners

 

The process is two folds.  First is called FIRST MOTION and another is called SECOND MOTION.

After recording the statements of both the petitioners in the family court, a decree is passed for first motion and thereafter second motion is to be filed after 6 months.   However, as per the latest judgement of SC, the second motion can be filed after 15 days of passing the order of first motion on specifying the reason for waiving the period of 6 months.

 

After second motion, a decree for divorce with mutual consent can be obtained.    

 

 

 

Dalip Singh
Advocate, New Delhi
856 Answers
13 Consultations

5.0 on 5.0

1. the process can be initiated in Delhi since the girl belongs to Delhi,

2. if your BIL is opting for a mutual consent divorce then ask him to draft and execute a Memorandum Of Understanding before approaching Mutual Divorce, which is the most essential and important part of a Divorce case to avoid future legal complications,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

 

Suneel Moudgil
Advocate, Panipat
2330 Answers
3 Consultations

4.7 on 5.0

It will be intitated at the place of marriage or place of your cohabitation after marriage. If you have cohabited with wife at delhi then yes. But the girl can file her separation proceedings at delhi as woman are free to file where they presently stay

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Are you looking for MC divorce or judicial separation ? Can file at both place and anytime after one year of marriage. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

The divorce case can be filed in the place of marriage or in the place where both last resided together or in the place where the girl is currently residing.

So you can take action for filing mutual consent divorce in any place stated above as per your convenience.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Yes you can initiate the proceedings in Delhi, 

For taking a mutual divorce you just need to make a MOU in which all the terms and conditions will be written and thereafter file the same along with your petition.

if both the partners are ready for the mutual divorce, then it wont be much of a problem, i am practicing in Delhi, can help you with everything.

Archit Vasudeva
Advocate, New Delhi
260 Answers
1 Consultation

5.0 on 5.0

Firstly if they are seeking for mutual divorce send a legal notice to the girl asking for mutual divorce if she agrees file a petition under 13B of HMA before jurisdiction family court. Yes if girl resides in delhi petition can be filed in delhi itself. 

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

- Section 13B of the Hindu Marriage Act, 1955 and section 28 of the Special Marriage Act, provide the provision for divorce by mutual consent.

- For filing a petition ,the husband and wife should have been living separately for a period of one year or more.It means that the couple has not living like husband & wife , and this petition can be filed even if they are living under one roof. 

-  Further, this petition cannot file by the couple within a  period of one year from the date of marriage. However this period also can be waived under exceptional hardships as per Supreme court.

- Further, both husband and wife should mutually agreed that the marriage should be dissolved.

- Further , this petition can be filed by one lawyer on behalf of both the parties , if both parties agree for the same. 

- This petition is filed before the family court , within whose jurisdiction the marriage was solemnized or where both the parties last resided together.

- Further, the presence of both the parties at the time of first motion and the second motion is mandatory.

- Mutual divorce is divided into two motions, i.e First motion and Second motion. 

- When the lawyer files a divorce petition before the court on behalf of parties , this is legally known as the  First Motion, and the statement of both parties is recorded by the court , that they want to end marriage amicably.

- Further the court after accepting the First motion , give a time for filing the Second motion after a gap of six months.period. This period of six months is given to the couple for reconciliation as the estranged couple might change their mind.

- However this 6 months period can be waived after moving an application on the ground of urgency. 

- Further , if application accepted for urgency or parties of marriage approach after six months period, then the court after satisfied that all the necessary grounds and requirements for the divorce have been complied with , and after hearing the husband and the wife consent , the court passed its Decree for divorce finally . 

- Hence they can get divorce on the basis of mutual consent within a period of one to two months ,if they moved an application on the ground of urgency , otherwise, it will take 6 to 7 months 

 

Good luck and dont forget to rating Positively.

You can contact me via kaanoon.com , for details in Delhi.

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Mutual consent divorce can be seeked after going both 13B(1) and (2) and with a difference of at least 6 months. You can consult a lawyer of kanoon.com or seach the web to get more detailed procedure.

Anand Shukla
Advocate, New Delhi
632 Answers
13 Consultations

4.9 on 5.0

1. You want mutual separation or mutual consent divorce?

 

2. If he wants mutual separation then he shall have to file an application to that effect before the Court.

 

3. In case of MCD, both himself and his wife shall have to jointly file a mutual consent divorce petition on agreed terms which  will be disposed of within 6 & 1/2 months from the date of its filing.

 

4. He shall have to engage a local lawyer having expertise in this  field. 

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

Yes, your Brother-in-Law (BIL) can initiate Mutual Consent Divorce (MCD) proceedings in Delhi, where the girl stays.

MCD should be accompanied with Memorandum of Understanding / Consent Terms in which, the claims & counter claims of both parties to be settled, and issues pertaining to alimony and child custody to be specified.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Yes if the girl resides in Delhi or if the marriage was solemnnised in Delhi then you may file a divorce petition in Delhi.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Why did Brother-in-law not ask the question while problem is of him.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1. Yes you can initiate the procedure in Delhi. 

2. Both your brother in law and his wife have to make joint petition for mutual consent divorce in Family court of Delhi.

3. There will be statement of first motion in first date of hearing and court will give next date after 6 months for second motion and on that day they will get divorce decree. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Yes you can go ahead and initiate the process in Delhi. 

Let me know if I can be of any help. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

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