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anand das (service)     23 November 2010

divorce procedure-mutual consent

1.What is the procedure for obtaining divorce by mutual consent? 2. Is it necessary to file in family court only ? 3. Is there any format for this? 4. Where is the jurisdiction if boy and girl are living separately in two different cities? pls guide.


 7 Replies

CommonMann (Software Professional)     23 November 2010

1) File Mutual Consent petition

2) Yes through family court

3) Every advocate has different format. But do mention any amount of maintenace you are giving to wife. Also if possible give maintenance in 2 parts ie on 1st motion and on 2nd motion.

4) Juridiction is where the husband and wife both reside last.

shashank (lawyer)     23 November 2010

1. once u file for divorce by mutual consent divorce will be granted after 6 months from filing of the petition.

2. yes family court is the only court where a divorce petition has to be filed.

3. there is no "format" for such petition but do mention the relevant facts such as where and when u got married. where did u reside after marriage. whether u have any marriage certificate. details of kids if any. since when u have been living separately. where did u reside last with ur spouse. whether ur spouse is working and financially independent.

4.jurisdiction- where u resided last with ur spouse or where u got married

anand das (service)     23 November 2010

Thanks Mr Charanpreet and Mr Shashank,

Whats 1st motion and 2nd motion you mentioned herein?

and is it ok if there is agreement between the girl and the boy first on stamp paper and then they file petition in family court ?

JAYESH (Sr. Executive HR.)     23 November 2010

I'm very much new to join this group. Please help me how to talk with peoples & seek help. I'm also suffering from divorse case by my wife to whom i love dearly. still I'm calling her back. I will give my details later on but just now i can say that due to some unwanted SMS & e-mail in my wife account we had this problem. my wife had taken away my daughter now she is 3 years old. already 1 year passed on for sepration on 22-11-2010

please help me with your advice. i want my wife & daughter back in my life.

CommonMann (Software Professional)     23 November 2010


You file a MCD petition in family court ie your case get registered. Pay rs 50 as bribe to clerk for 1st motion date if you want the nearest possible date. It can be any date after case get registered. That date is 1st motion ie Judge will ask both of you whether you want to go with MCD or not. You both ie HUsband and wife will say yes in front of judge. After that judge will give you 6months for reconciliation ie judge will give another date after 6months. This is the 2nd motion date in which both parties have to appear and again Judge will ask both of you whether you want to go with MCD or not. If both of you say yes, than thats it. You will get divorce decree after few days. ie Judge will keep another date for his decision writing. After decision is written you will get divorce decree with in 2-3 days.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     24 November 2010

Dear Anand,

Better to hire any local advocate in District court or in Family court or send us your details.

You have to appear two to three times in court and court will grant you divorce. at first instance you made mutual divorce agreement and then file petition.

Good luck.

anand das (service)     24 November 2010

Hi Kamal,

  1. What is this agreement for divorce before filing petition in family court?
  2. Is it mandatory to execute this agreement and is it necessary to register in sub-registrar’s office?

Pls guide

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