How to mutually end a marriage?

Contact a advocate locally and explain the same to him, he will file the mutual divorce petition, in 6 months time divorce decree will be granted.  It is advisable that both the parties confact the same lawyer.  He will explain the procedure and there you go, east and west.

Procedure for Divorce by Mutual Consent 

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed and other allied questions. For the purpose clarity, you just need to understand following bullets point:-

As long as there is an agreement between the husband and wife that they want to separate, the process gets easier, more so when the wife doesnt want to claim the right to maintenance etc. 
NOW, you are ready to file petition for mutual consent divorce.Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

I hope i answered your query in a succint manner. In case you need to ask any further questiions, feel free to call me at 8800628336.

Yours

Adv. Anunay Sahay

Founder, Darrow Legal

Thanks for your clear Explanation Anunay Sahay !!

But still one doubt -> I am also in the same process of filling MCD

During First Motion -> Both parties are appearing & conveying to court that they mutually agreed upon for separation.

As you said, after First motion happens we need to wait for 6 months ( Cooling-Off Period)

After Six month’s if one party get’s disappear not coming to court will there be divorce granted for the other party ?

Originally posted by : Rajiv Varma
	My brother had married a girl who was his school friend at an age of 21 just after he became legally eligible to marry. The marriage remained hidden from us till 1 year when the girl and her family presurised my brother to tell us. They did'nt consumed the marriage as was claimed by both the person and it is now more than 2 years since their marriage and they are separated. They don't like each other and the girl is ready to have a mutual divorce with no claims on property and money because she is getting married to someone else. What is the simplesst procedure that we can follow to end this marriage and free my brother from this burden? He also wants to start a new life forgetting this marriage as a simple mistake of his initial years of adulthood.  Please provide me some suggestion.

Both the parties should appoint a common lawyer who will represent both the parties and will file the petiton of mutual divorce and divorce will be granted in approx 6 months

Originally posted by : Ramesh Singh
	My doubt still be same, where are my smart, expert, experienced & senior member of divorce handler? @helpinghand; @sachin; @venu; @sainarayan; @autohide; @venkat; @whatnot; @walkalone; @Stanley; plz share your view about how hidden marriage is recognize by law, as the couple were not living together. To proceed legally for divorce, couple need to satisfy court as husband & wife for trial. I think my query is genuine, if that not so then any spouse hire a fake/paid husband or wife and get divorce easily. HA HA HA ....

Marriage is legally valid. Joint Affidavit of both the parties will work as an evidence even if there is no photograph attached with the petition.If they have not disclosed their marriage to their families and not consummated the marriage  this is their mutual decision.   

Originally posted by : Fighter
	Thanks for your clear Explanation Anunay Sahay !! But still one doubt -> I am also in the same process of filling MCD During First Motion -> Both parties are appearing & conveying to court that they mutually agreed upon for separation. As you said, after First motion happens we need to wait for 6 months ( Cooling-Off Period) After Six month’s if one party get’s disappear not coming to court will there be divorce granted for the other party ?

If one party does not come to court on second motion, court will not grant divorce but this conduct of non appearing party will be considered as cruelty and aggrieved party may file divorce on ground of cruelty

Originally posted by : Ramesh Singh
	@sachin brother, I read a case long yrs. ago, where a husband got divorce by presented fake wife in court unfortunately I remember a little bit of that, and in other incident court dismissed divorce petition on the ground of live-in-relation to a couple whose marriage is not solemize as per there religious custom or any marriage act. as of constitution and state as "the marriage is legally not valid so that decree of divorce can't pronounce". It doesn't interpret as null, void or voideble marriage. That's why I need to clarify for my stupid brain. Hope member(s) touch the depth and reply.

I replied so because i think marriage is not under question in this case as both parties are agree that they married to each other.

When the marriage remained "un-consumated" either of them (boy or girl) may file a petition for annulment of marriage instead of earning the tag of "divorcee" by seeking mutual consent divorce.

There are certain pre-conditions for MCD, which one would they (couple) apply for consideration by the Court?

Discuss with a prudent local lawyer before taking any such step/course of action/proceeding.

If girl marry again without divorce then it is criminal case. It case will bigamy. Punishment is 7 year jail. 

Originally posted by : Sandeep
	If girl marry again without divorce then it is criminal case. It case will bigamy. Punishment is 7 year jail.

Is it? Your wife has taken yours and has cancelled your marriage to her already and you are advising others? ha ha  ha 

Originally posted by : Ramesh Singh
	Thanx, it can be anyway for dissolution of marriage, the question is as per directive for Registration of marriage is mandatory under the Registration of Birth,Death & marriage Act 1969 (amendment 2012) & State Act. And limitation of 1 yr. & 5 yrs. for SMA & HMA, Is it possible to apply for MCD without any valid proof, even though couple are not cohabitate to presume as married but not in wedlock.

Myself avoided not to reply to the query Mr Singh.  Felt that someone would point out.  Nobody did.  Hence this reply.  

Conscience of a person is bigger and greater than anything else and is above every Law that man has invented.  Once your conscience agrees that you are married, even if there is no proof, you can apply for divorce via MCD or otherwise.  This theory ofcourse holds good only for those who have Conscience and not to those who dont have it/or is in dormant condition.

In the instant case, both parties have agreed to the marriage being done, so no more proof required.

Originally posted by : Ramesh Singh
	My doubt still be same, where are my smart, expert, experienced & senior member of divorce handler? @helpinghand; @sachin; @venu; @sainarayan; @autohide; @venkat; @whatnot; @walkalone; @Stanley; plz share your view about how hidden marriage is recognize by law, as the couple were not living together. To proceed legally for divorce, couple need to satisfy court as husband & wife for trial. I think my query is genuine, if that not so then any spouse hire a fake/paid husband or wife and get divorce easily. HA HA HA ....

The querist is not clear in terms of  legal process of marriage.

At the outset , guess is there was traditional exchange of garland in a temple with few friends as witness.

There mayn't be legal marriage certificate as such.

If so, then best way to move forward is reach out to a common lawyer and see if anything legally binding exists and undertake both have decided to not see other or claim anything retroactively and destroy all evidence.

If marriage certificate exists then option is annulement, but again it is long process. So better to approach court and file MCD with no claim and move on.

Law seems to still evovling and lot of gray are exists in terms of live-in and marriage conjugation.

It is the ability of a lawyer to understand same and sort it out.

An action done in passion always have recurssion. And the querist seems to swipe under rug as matter of indiscretion. Which mayn't be case.

All parties invovled should meet and have a civil discussion. After all it is the future that they are talking to.

You can't formulate law for human behaviour. Currently , jutice department seems to regulate everything under name of law which is actually detriment to liberty.

Hopefully family joins hand together and come to clean breakup. Or give a married lfie a chance if love is true

Under HMA, there is no Conscience marriage that is Gandharav vivah is not accpetable.

Live-in is not covered under HMA or speciala ct.

If one party refuses that he/she was maried and no legal proof exists (even if marriage phot exists, the procedure itself can bequestioned and hence legality of same) then , in court of law marriage doesn't exist. Other party is a loser by defualt.

Hence family should take a comon good decision.

Or else, long legal battle.