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Roh (Accountant)     21 December 2009

Mediation process is mandatory for mutual consent divorce?

 Hi,

I had filed mutual consent divorce petition 5 months back. Today was first hearing in court. After reaching court, I got to know that other party is not present and lawyer asked for the next hearing date, and i was informed that now  both of us need to present in mediation centre as court procedure is changed now and after that only court will decide abt the granting the divorce. But I am a bit skeptical here, as it was a mutual consent divorce case, and we  have already gone through reconciliation process.

So i just want to know, whether mediation has really become a integral part of divorce cases(in mutual consent divorce too!!) or my lawyer is doing sthing behind the curtain and is cheating me as we have a common lawyer for this mutual consent divorce.

Thanks in advance.



 9 Replies

RCSH (NA)     21 December 2009

The mediation process is essentially to see if you folks can reconcile. However, if you cannot, then you agree upon the terms and conditions of your seperation and the mediation center certifies the same and presents it to the court upon which the court gives a decree. 

RCSH (NA)     21 December 2009

Also, as long as nothing unexpected or unagreed upon comes up in the mediation center, you need not to worry.

Devajyoti Barman (Advocate)     21 December 2009

Till this date there is no amendment of law to introduce the process of mediation in the matter of mutual divorce. In the context of getting strange method from your counsel you better take help of another local lawyer.

SARATHI VP Mr. (ADVOCATE)     22 December 2009

Your lawyer is right. That is the procedure in Bangalore court.- vpslawfirm@gmail.com

Swami Sadashiva Brahmendra Sar (Nil)     22 December 2009

Mediation and reconciliation effort in matrimonial disputes is a mandatory step to be taken up by the courts.


(Guest)

In Chennai, in some divorce by mutual consent cases, I have seen a separate common petition by the husband and wife is being filed seeking dispensing with mediation process in such cases, pleading no useful purpose will be served.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

provision of mutual divorce is under sec 13B of the hindu marriage act, which runs thus

""13B. Divorce by mutual consent.

(1)Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, (68 of 1976.) on the ground that

they have been living separately for a period of one year or more,

that they have not been able to live together and

that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that

a marriage has been solemnized and

that the averments in the petition are true,

pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree" therefore the court and your advocate are right. there is a problem in mutual divorce case that if one party disagree the petition will be dismissed. your wife did not come last time. please check it.

keep the habit of coming this club- please continue till your case is over. it is good.

Swami Sadashiva Brahmendra Sar (Nil)     09 January 2010

Kindly chek s 9 of The Family Courts Act, 1984 which casts (1) a mandatory duty on the court to endeavour  for settlement  in " every suit or proceeding" in the first instance and

(2) to adjourn the proceeding to enable attempts for settlement at any stage if there appears reasonable possibility of settlement.

Nitish Banka (lawyer)     02 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 
 

 

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

9891549997

 


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