There are many types Indian divorce. There is one type: mutual consent divorce. This can be obtained through secular or personal laws that pertain to the institution and maintenance of marriage.
A mutually consent divorce is a way to avoid the long and tedious court process. You can end a marriage with mutual consent in a matter of months.
Section 13B, Parsis Marriage and Divorce Act36, Section 32B, Parsis Marriage and Divorce Act36, Section 10-A and Indian Divorce Act1869 provide laws concerning mutual consent divorce.
These steps are for divorcing in India.
1. Get an efficient divorce lawyer:
A mutual consent divorce is faster and only requires two to three court visits per party. It is possible to divorce by mutual consent, but it can be difficult. This process requires only two to three court visits per side.
2. Separation before filing for divorce
A separation order can be satisfied if the spouses can prove that they have not met their marital obligations while living together.
It is necessary to verify that you and your spouse have lived apart for no more than one year under the Hindu Marriage Act of 1956 and Section 32B of Parsis Marriage Divorce Act of 1937 and Section 28of the Special Marriage Act.
3. After one year of marriage, a divorce petition may be filed.
A divorce petition must be filed before one year has elapsed in accordance to Section 14 of the Hindu Marriage Act 55.
4. Settlement Deed
This can be used to pay child maintenance, maintenance, and joint property maintenance.
5. You must identify the address where you want to file your divorce petition.
If you do not file in the correct jurisdiction, your case could be dismissed.
A mutual divorcing petition can be filed under Section 31 of The Special Marriage Act of 1956 or the Hindu Marriage Act of 1955.
- Marriage solemnization
- Last place the spouses lived together.
iii. Current residence of spouse.
3. Divorce petition:
A petition for mutually divorcing must be properly drafted.
Mutual divorce requires that both spouses acknowledge their roles in the ending of the marriage.
These documents can include photos of the marriage or a marriage certificate. A proof of marriage must also be attached to the mutual divorce petition.
The spouses should send in passport-sized photos or both to a mutual divorce petition.
If there are children (issue), the identity document of the spouses must be attached to the divorce petition.
To allow spouses to reconsider their decision, a court grants them a cooling-off time.
The parties can now waive the waiting period.
Make the second statement within the next 18-months.
You can amend a mutual divorce petition at any point during the cooling-off period. It must be submitted within 18 months of the date of filing.
Get your divorce decree
After the second statement has been recorded, the decree of divorce may be passed. You will need to pay the court fees in order to obtain the decree.
The necessary steps have been taken in order to obtain a mutually agreed divorce in India. Contact the top divorce lawyer in delhi.