Mutual Divorce - when is the right time to file
This is a query I am putting on behalf of my sister. She was married in Jan 2013 but due to mental incompatibility with her husband and his family members and she has returned to my father's house - her maternal home on 1 June 2013. Since her husband was a shippy at that time, she spent only about 40 days in all with him and rest where with her in laws who were humiliating her on various issues and she felt mentally harassed. Now she has decided to go for a divorce and we want to go the mutual way so that it takes the least time and she can carry on with her life. Important to mention here that she is not working. What is the process we need to follow? What do you think will be the issues she may face? Is it true that she can only file divorce on mutual ground after a year of separation? Does she have to go for counselling as part of the divorce process? What is the total estimated expenditure? Also does the mutual divorce need to be filed in consultation with her husband and in laws?
Asked in Family Law from Kolkata, West Bengal
it is true that divorce by mutual consent can be filed after one year of separation .it has to be filed jointly by husband and wife . once divorce petition is filed it would be referred for counseling to enable parties to reconcile . lawyer fees vary . so we cant state what would be total expenditure . consent erms are enclosed to divorce petition . issues as to maintenance , alimony , child custody , streedhan etc have to be amicably sorted out between parties . divorce by mutual consent wont take more than 7 months from filing .
I completely agree with Mr. Sethi, apart of this you can file an application u/s 14 of Hindu Marriage act with Mutual Consent Divorce petition, the court have power to entertain the divorce petition before completion of one year of marriage.
Advocate, New Delhi
yes you can file divorce on mutual consent as your sister married for more than one year. Yes it is necessary that a mandatory period of one year separation is needed but if both parties are agreeing on the date of separation now they can go ahead and file a mutual consent divorce
The petition has to be signed by both parties and filed jointly by the husband and wife . The disputes related to alimony or maintenance or shtreedhan (wife's gold, articles , gifts etc. )to be returned etc. have to be settled between the parties before the filing of the divorce on mutual consent.,his can be done by an advocate who can call both parties and prepare a consent Terms and file it in the court.
The Mutual consent Divorce will take six months time tfor the final order in normal case, and in case of any disputes not settled as per the consent terms of the parties, you can keep the petition pending up to 18 months befor agreeing for the final consent and submission.
If both the parties are agreeable you both can approach one advocate and save money in terms of advocate fee.