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rml   10 March 2016

Mutual consent divorce process

What is the procedure for mutual consent divorce?

What is the court fees amount?

How to deal with goods / things exchange: Jwellery, money & other things?


 6 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     10 March 2016



Prepare an agreement and file a petition for mutual consent divorce.


Warm Regards

Kapil Chandna Advocate



The requirements for seeking divorce by mutual consent are given below:-
1. Petition for divorce has to be presented to the district court by both the parties to a marriages supported by affidavits of both the parties;
2. The parties should have been living separately for a period of one year or more;
3. The parties could not adjust with each other and had not been able to live together;
4. There should be mutual request by both the parties to a marriage to dissolve the marriage.

After the petition is presented , the parties have to wait for a minimum period of six months after which they have to move the court once again under sub-section (2) of this Section. If the parties do not move the court in the matter after six months and before eighteen months from the date of presenting the petition, the petition for mutual divorce would lapse. Either party can withdraw the petition during this period. 
The Mumbai High Court has upheld the compulsory pre-condition of a yearlong separation between a husband and his wife before they could jointly file for divorce.

Fee structure varies.

Amrit (M.D.)     11 March 2016

Best way to go for a mutual consent divorce is to make a MOU before filing petition in court. A MOU has all the terms and conditions mentioned regarding the divorce and it has to be signed by both the parties and atleast 2 witnesses. You should mention the settlement amount plus the list of articles which you are returning or getting back. Get the format from any Men's rights website like sahodar or you can get the format from this very site also.

Amrit Singh


FREDYCHARLES RK - Bangalore (Advocate)     12 March 2016

If you are already living seperate for more than 2 years (living together under the same room do constitute staying seperate on grounds) go for mediation and seek agreement for divorce on said grounds in mediation itself with T&C. Alternatively obtaining a decree of nullity of marraige does save the 6 month waiting period

rml   13 March 2016

At the time of marriage, my parents have given money to them for 30  vehicles for barati... can we claim this amount??

Also can we claim amount given for sweets, foods & clothes given to groom, his parents & relatives???



Transport,food,clothing and sweets do not have much significance.U can claim whatevery stridhan given at the time of marriage.

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