Who should file for Mutual consent Divorce in Delhi?

It’s never easy to make a decision that you want to file for a divorce. If you feel that your marriage has come to its natural end and you have exhausted all of your efforts to make it work, you can think of filing for Mutual Consent Divorce. Our divorce law firm helps you in making such an important decision of life, we come into picture only when the parties have already decided to dissolve the marriage amicably by their own free will.

As per Law what is the competent Authority to grant Divorce?

Divorce Decrees are only granted by the appropriate Family Courts. Currently we operate in Family Courts situated in following District Courts of Delhi:

  • Tis Hazari Court
  • Patiala House Court
  • Saket Court
  • Rohini Court
  • Dwarka Court
  • Karkardooma Court

What are the conditions for Mutual consent Divorce?

Section 13B of the Hindu marriage Act 1955 and Section 28 of the Special marriage Act, 1954 provide for divorce by mutual consent on the below mentioned conditions:

  1. That they (husband and wife) have been living separately for a period of one year or more, and
  2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Section 10 A of the Divorce Act 1869 (applicable to Christians) provide for divorce by mutual consent on the below mentioned conditions:
1. That they (husband and wife) have been living separately for a period of two years or more, and
2. That they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

How many times do I need to appear in front of Family Judge?

Typically both parties need to appear in front of Family Judge once for each motion (two times for the entire process); however, if Judges feel appropriate, they can call the parties again depending on the facts and circumstances of each case.

Documents required for Mutual Divorce in Delhi

Following are the documents required in order to apply for mutual divorce in the family court of delhi.

– Marriage Cards or Marriage Certificate
– Two Joint Marriage Photograph
– Two Passport Size photographs of both parties
– Adhaar Card and/or any other current address proof of both parties

Is it mandatory to wait for 6 months before filing Second Motion?

A couple married under Hindu Marriage Act  or Special Marriage Act or Divorce Act, may not need to wait six months for a separation order in the case of mutual consent as the Supreme Court on 12th September, 2017 held that the “cooling off” period in not mandatory and can be waived off. However, the discretion to waive off the period lies with the Honorable judge of the concerned Family court.

In which Family Court we can apply for Divorce?

Section 19. of HMA says (Court to which petition shall be presented):

Every petition under this Act shall be presented to the district Court within the local limits of whose ordinary original civil jurisdiction –
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
(iii-a) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

Not sure about the settlement terms. Do you help us with that?

Yes, we do help us in drafting settlement terms. Our motive is to make sure that future of both the parties and the children (if any) is secured in best possible way.

What does Mutual consent Divorce means?

It means that when both husband and wife have amicably decided that they cannot live together anymore, then they can get legally separated by obtaining a decree of divorce without putting forth any allegations against each other, in the court of law. The parties should have settled all the disputes between them on their own.

Do my parents need to appear in the Court along with me?

No, it’s not required. However, if Judges feel appropriate, they can ask any or both the parties to call up their parents depending on the facts and circumstances of each case.