• Divorce: mutual understanding

I and my wife have been living separately since last 10 years, I am in Mumbai and she is in Vadodara, and we want to apply for divorce, with minimum court presence, paperwork and faster decision.
Asked 1 year ago in Family Law
Religion: Hindu

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15 Answers

File for divorce by mutual consent in Vadodara 

 

Mutual consent divorce takes 6 months 

  

 

Ajay Sethi
Advocate, Mumbai
96450 Answers
7775 Consultations

Divorce by mutual consent is the best way of divorce and maximum two to four time court appearance would be required to get all formalities completed. 

 

Siddharth Srivastava
Advocate, Delhi
1283 Answers

Dear Sir/ Ma'am,

Please apply for a mutual consent divorce without any claiming any alimony, property division and state that there was differences in attitude, opinion and that you both were not able to appreciate the differences and accept each other as you were and also that you want to mutually divorce each other without contesting. 

 

Regards,

Sanmathi S. Rao

 

Sanmathi S. Rao
Advocate, Bengaluru
46 Answers

Dear Client,

The process of applying for divorce with minimum court presence, paperwork, and faster decision is mutual consent divorce. if both spouses agree to the divorce and have been living separately for at least one year.

Anik Miu
Advocate, Bangalore
9989 Answers
118 Consultations

Law governing marriage of a Hindu is contained in Hindu Marriage Act, 1956. There are two ways in which a marriage can be dissolved by decree of Court.

  1. Contested divorce under Section 13, where one party to marriage seeks divorce and the other party opposes it.

  2. Divorce by mutual consent or MCD. Section 13 B of Hindu Marriage Act, provides for divorce by mutual consent where both agree for dissolution of marriage. Any petition for divorce including contested divorce can be presented to Court only after completion of one year of marriage. Additionally, precondition for MCD is, the  parties to divorce should be residing separately for one year prior to the presenting petition for divorce.

Following is the procedure…

Both parties should contact a common lawyer and engage him with following  document…   

  1. Proof of marriage, invitation card, marriage certificate if available.
  2. Marriage photograph of both.
  3. Aadhar card
  4. Proof residence.
  5. Proof age of both.
  6. Passport photographs of both.
  7. If there are children out of marriage, their birth certificates passport size photographs
  8.  
  9. Divorce petition.

Both are required to be present in court on the day of filing divorce. Court will adjourn the case after six months and on that date court will again ask the  parties whether both are still ready for divorce and if the parties give their consent for divorce, a decree of divorce  will be passed by Court.

Ravi Shinde
Advocate, Hyderabad
4177 Answers
42 Consultations

1. Both of you can opt for Mutual Consent Divorce, which saves time and money.

2.  MCD decree may be granted after completion of six months' of cooling period and since the couple has been living separately for ten years, the cooling period of six months may also be waived off.

3.   The cost may vary but it may cost around Rs. 20000/-.

 

 

 

 

 

Shashidhar S. Sastry
Advocate, Bangalore
5324 Answers
327 Consultations

- You both can file a joint petition before the family court for getting mutual divorce within a short period of time. 

- For getting the same , two presence is needed before the court only . 

- There are two motions in the process which is called First Motion and the second motion 

- When order of First motion will be passed then you can move an application to conclude the second motion within week. 

- The cost is depend upon the lawyer to whom you will engaged. 

Mohammed Shahzad
Advocate, Delhi
14244 Answers
216 Consultations

If you both agree, opt for a divorce by mutual consent, and file the petition in Mumbai or Vadodara court as mutually convenient. It may take six months at the most. Court fee and lawyer's fees can be shared equally.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

Divorce through Mutual consent is the best solution and it can range anywhere between 40 to 50 thousand. 

 

Kind Regards, 

Adv. Payal Goyle 

Payal Arora
Advocate, Pune
380 Answers
18 Consultations

You can file the divorce case at her place of residence and the waiting period will be six months for the second motion  

However you can file a joint affidavit seeking to waive the waiting period since you have been living more than 10 years away fro each other, within two weeks of the first motion,  by filing a hearing advance petition and bring the divorce case disposed within a month also

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

The lawyer fee will be informed by the lawyer you would like to engage for this purpose.

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

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Netra Mohanchandra Pant
Advocate, Navi Mumbai
1567 Answers
5 Consultations

You can apply for divorce by Mutual Consent that will be the fastest way to get divorce with minimum cost and appearances. 

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

You can file the Mutual Divorce Petition in Mumbai. The process is very fast and smooth. 

Sukumar Jadhav
Advocate, Mumbai
35 Answers

You can apply for mutual consent divorce and get the same 

Prashant Nayak
Advocate, Mumbai
32340 Answers
195 Consultations

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