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“A happy marriage is a harbour in the tempest of life, an unhappy marriage is a tempest in the harbour of life.”

Divorces are tough ! But so are marriages that take a toll on your physical/mental well being, divorce is no more a taboo, and people are increasingly accepting the harsh realities of their relationships, and are taking decisions so as to get into better relationships.

In India divorce if contested by the other party, can be got only by proof of cruelty (physical or mental), desertion (unjustified separation of 2 years), adultery (sexual intercourse outside wedlock), insanity etc.

Since the judicial system is fraught with delays and other systemic problems, a contested divorce can easily take you years in the Court.

A divorce by mutual consent on the other hand, is much more pragmatic. It is based on the idea that when two persons agree to get into a relationship out of their free consent, they should have the liberty to end it as well when it turns sour.

Now cutting to the chase, here is what you need for a mutual consent divorce:-

Before going to the Court.

i) A separation of one year before filing the case please note that actual physical separation is not required, even if both parties are sleeping in the same bedroom they can be said to be seperated for the purposes of mutual consent, if they are not living together as husband and wife;

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ii) A flawlessly drafted MoU (Memorandum of Understanding) that settles the terms on which you part away, people don’t understand the importance of this, this is extremely important so as to end the matters with a finality once and for all, there are no loose ends and make sure there is no litigation in future;

Once the above is done – you have to get drafted the Divorce petition that encapsulates the contents of your earlier MoU.

After Court

When you file your divorce by mutual consent petition – it comes up for hearing and your statements are recorded, then the court gives you a period of 6 months (basically to think over your decision) after which,  on recording of final statements divorce decree is passed.

Monetary Settlement/Maintenance/Alimony/Child Custody issues.

A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. If a full and final settlement is reached – the money can be paid before the court at the time of final hearing.

In all this procedure enables couples to part away amicably on a good note, without ruinous litigation, and without much expense.

This article explains all you need to know about getting a divorce by mutual consent.

The Author is a Divorce Lawyer based in Delhi, practising in the Supreme Court of India and can be reached at bharat.law06@gmail.com


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Category Family Law, Other Articles by - Adv.R.P.Chugh 



Comments

12 years ago tarun

You can file for Divorce by mutual consent in India follow the link: http://www.legalserviceindia.com/helpline/mutual_consent_divorce.htm


13 years ago AMIT GOEL

Respected Sir, In case of divorce by mutual consent if the girl is a working lady whether it is mandatory for the boy to pay maintenance allowance to his wife and if so to pay at what rate.Also whether this maintenance charge has to be paid on monthly basis OR has to be compulsorily paid on one time lump sum (alimony)basis. With thanks


13 years ago AMIT GOEL

Respected Sir, Sub-Maintenance Allowance to Wife after Mutual Divorce I am registered with you at lawyersclubindia.com.Mail Id kghosh47@yahoo.com In case of divorce by mutual consent if the girl is a working lady whether it is mandatory for the boy to pay maintenance allowance to his wife and if so to pay at what rate.Also whether this maintenance charge has to be paid on monthly basis OR has to be compulsorily paid on one time lump sum (alimony)basis. With thanks


13 years ago vishal kumar

Sir, I am registered with lawyersclubindia.com under mail ID kumarvishal05@hotmail.com. My case is that i got married to a girl who at the time of marriage was NRI and she has a Permanent resident(PR) status in United kingdom , according to the law there we have to get married in India, so she came to my city which is Dehradun and we underwent a court marriage on August 2007, after which she applied for my spouse visa which i got and i went to UK under spouse visa and stayed there for 1-1/2 years during which period we had a son also, but things did not go well with us and i came back before expiration of my spouse visa which is for 2 years this happened on May 2009, so from that date till now, i am in India and she is in UK, my visa has also expired. Before she was telling me that we will sort out the things and she will apply for my visa again and live together but she has not done anything, I have not seen her after that time around 3-1/2 yrs or my son. So i want to file for divorce and get married again. But she is a British citizen as now she has British passport also, so now for marrying again do i have to take divorce from her first or send her notice or i can marry again without notifying her or taking divorce. Please advice on this matter VISHAL KUMAR


13 years ago Kalyan Ghosh

Respected Sir, Sub-Maintenance Allowance to Wife after Mutual Divorce I am registered with you at lawyersclubindia.com.Mail Id kghosh47@yahoo.com In case of divorce by mutual consent if the girl is a working lady whether it is mandatory for the boy to pay maintenance allowance to his wife and if so to pay at what rate.Also whether this maintenance charge has to be paid on monthly basis OR has to be compulsorily paid on one time lump sum (alimony)basis. With thanks


13 years ago DR.SANAT KUMAR DASH

Excellent Topic for LCI Members.


13 years ago DR.SANAT KUMAR DASH

Excellent Topic for LCI Members.




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