Procedure For Mutual Divorce In India

What is Mutual Divorce?

Mutual divorce is one of the ways that are on the table for couples to end their marriage with dignity as is consent from both sides. In India, it is regulated by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954 in Section 13B and Section 28 respectively. A mutual divorce is formed primarily when both parties agree to get divorced and thus they are one who does not blame the other for the situation.

Mutual Divorce Procedure

The entire divorce process in India has different stages to adhere to. Following are the steps for you to get to grips with it:

1. Filing the Petition – To start the process, the couple needs to get a joint petition, which needs to be signed by both spouses, and then this petition is submitted in the family court. The petition is supposed to contain the details of the marriage date and the reason behind seeking the divorce as well as any agreements regarding alimony, guardianship, or property should be included in it.
2. First Motion – Once the petition is submitted, the court summons both parties. After examination of the petition and the possibility of resolving the matter in a reconciling way, the judge then discusses the matter with the litigants. After that, the available option is to record statements.
3. Cooling-off Period – The court hereby declares a six months duration for the couple to contemplate the divorce. It is an ample period of time for the couple to reflect upon their decision. Nevertheless, in certain cases, the Supreme Court of India has allowed the couples to sidestep the process if they have been living separately for at least 18 months, and all the efforts at reconciliation did not succeed.
4. Second Motion – Once the cooling-off period is over, and the couples, who still have the intention to divorce, file the second motion, seeking reconfirmation of their divorce urges.
5. Final Hearing – At the last stage, the court checks all the documents holistically along with all the affidavits, etc. If the court is sure that the conditions are met, and the marriage is not repairable, it then issues a decree of divorce.

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How to Apply for Divorce Online

Presently, various procedures have undergone digital transformation in India including divorce applications. In this case, the couple has to visit family or high courts for the rest of the process. Here is how you can initiate the procedure online:

1. E-filing of Petition – Sometimes the court system allows e-filing of divorce case file. Go to the e-courts website to register and after that upload the essential documents to make a proper choice.
2. Online Legal Consultations – You could talk with the online lawyers if you wanted to make your case stronger or become more familiar with the technology. There is now a wide variety of law firms that offer virtual services.
3. Document Preparation – It is possible to prepare and notarize some documents online as well. However, there are still many documents that require a printed signature and the stamp from a notary.
4. Online Payment of Court Fees – Most of the time you can pay court fees using the e-courts or other specified platforms. Even when you can e-file online, court appearances will likely still be necessary at various stages of the litigation.

Common Reasons for Divorce in India

In my years of work as a family law attorney, the most common causes of divorce among couples in India turned out to be the same. These are the main reasons:

1. Incompatibility – A large number of couples had noticed that they became distant from each other, and they felt unable to bond emotionally, intellectually, and even physically. This incompatibility leads to the constant fights and fails to communicate.
2. Infidelity – Outside marital relationships are the main factors that are still the reason behind divorce in India. The loss of trust brought on by unfaithfulness often becomes the end of love for many mates.
3. Domestic Violence – Physical, emotional, or verbal abuse has become a major reason that many speak of divorce. There have been several cases in my practice where victims have finally been able to break free from abusive relationships.
4. Financial Issues – Disagreements over money handling, insufficient economic situation, and irrational spending, can cause marriage tensions. In fact, there are cases in which people go to the extent of getting a divorce.
5. Interference from In-laws – In the Indian scenario, the husband becomes the middleman in the couple’s relation causing strife with his own parents. This is specifically true of those spouses who have problems with their in-laws.
6. Lack of Communication – Failures in communication, or even full loss of the possibility to communicate causes misunderstanding, displeasure and finally, divorce among the couple.
7. Career Priorities – In case one or both sides are more interested in their jobs than in their relationship, they can give each other little attention. Furthermore, increasing number of jobs in different cities making either of them to be most available has set in.
8. Unrealistic Expectations – It happens many times that couples enter marriages with idyllic ideas that turn out not to be real. Then, the beliefs are not realized, thus it leads to a misunderstanding and dissatisfaction.

The following are certainly general causes of divorce, but every marriage is different, and this issue is usually a complex kerchief with many folds. As a professional, I always recommend that couples consider therapy or mediation before taking the final step of divorce because sometimes these solutions can solve the problems and hence save the union.

Sometimes if you are planning for settling down abroad then you might need get the divorce certificate attestation and apostille. For this you can always contact service providers like apostille services Mumbai who provides services all over India. Apostille is not the only criterion of some countries. So, if need be, get in touch with the embassy or consulate of that country where you plan to use your document. Like if thinking for travelling Qatar then you need to get Qatar Embassy Attestation on all the documents.