Need to file divorce

Engage any advocate and you both will get divorce decree just six months after filing of the petition.   You can simply mention about incompatiability to seek Mutual Consent Divorce.

1.    Hire via reference an local Advocate and give him brief that parties wants mutual consent divorce and have certain mutual settled agreement towards the same. Mutual Consent Divorce condition is not cohibiting as husband and wife from last 1 year, which your brief says both of you have not been living together and there is nothing else to prove as per facts of your brief is my view.

2.    Then draw / make / after discussing with her a ‘mutual agreement’ incorporating what you want to give or not give to her and what she wants to receive and not receive towards her past, present and future alimony – share in property (if any) – her stridhan etc. etc.

3.    The local Advocate will make joint Petition for Mutual Consent Divorce as per Personal Laws of the parties along with two Affidavits for respective parties and file them in jurisdiction Court annexing parties ‘mutual agreement’, affixing Identity and Address Proofs of parties, PP photos of parties, requisite Court Fees along with his/her Vakalatnama. The Court after removing diffects if any gives date of admission hearing.

4.    On appointed hearing date both of you present yourself in the concerned Court and Court asks - tries to patch up and failign which asks to give ‘Statement in Court’ of amicable parting from each others as per filed 'mutual agreement' due to parties incompatibility etc. Court records parties Statement under Oath and passes First Motion and gives date post 6 months to come back to Court after re-considering decision for divorce or think it over for re-joining and this is called ‘cooling off period’ given to parties and then Second Motion under mutual consent divorce takes place whcih is basically next date of hearing. The cooling off period can be minimum 6 months and can be extended to maximum 18 months. In between parties reconsiders parting or not parting and/or fulfils terms and conditions put as per their ‘mutual agreement’ towards each other. before Second motion either party can remove its consent (not to give divorce) then in that case no mutual consent divorce decree is passed and parties joint petition is dismissed and your marriage ties remain as it is. 

5.    On next date of hearing i.e. on Second Motion date which falls after 6 months if both parties still think that it is better to part each others company then Court records again parties Statement under Oath and does enquiry and goes over once again through the  Petitions and if all is found OK then allows (announces) granting of mutual consent divorce of parties via a detailed Judgment.

6.    Two copies of ‘Decree Sheet’ are prepared stating Mutual Consent Divorce of parties from this day onwards and it is given Free of cost to both parties.  

Above are straight forward process flow of mutual consent divorce if both parties are in agreement to part amicably their ways. Jointly think it over and may act accordingly starting from para 1onwards………………