How to initiate mutual divorce proceeding: step by step

Introduction

Know about mutual divorce

Mutual divorce which is also known as divorce by consent. In this both sides i.e. the husband and wife mutually agree and express their consent to the amicable separation of the mutual divorce. In this, both parties agreed to end the marriage by mutual consent and also to mutually resolve the issues like alimony, child custody and enforcement of division. These are less expensive and less time-consuming.

Reasons for mutual divorce

When both parties decide to dissolve their marriage mutually, it is known as mutual divorce or uncontested divorce. Here are some common reasons why couples choose to divorce each other:

• Unexplained differences: Partners may find that they have become incompatible and unable to maintain a positive relationship.
• Miscommunication: When there is a breakdown in communication, it can lead to misunderstandings that can end in divorce.
• Compatibility issues: Significant differences in faith, lifestyle or aspirations for the future can make it difficult to maintain a marriage.
• Lack of closeness: When there is no emotional or physical closeness, it is possible for both partners to become unhappy and decide to dissolve their marriage.
• Adultery: Being unfaithful to your partner by having a relationship with someone else at that time both the parties agree on getting a divorce.

Method

Step 1: Clear decision

The first stage is for both partners to firmly decide that they want to separate. This is where open communication is essential and it is essential to discuss the details of the divorce such as property division, alimony and child custody.

Step 2: Draft mutual agreement

The next stage is the preparation of a mutual divorce agreement. At this stage, when both parties agree on it, they make an agreement, and divorces should agree on the conditions that should be part of this agreement. It is important to have legal counsel to ensure that all legal considerations are made.

Step 3: Apply

Once a mutual divorce agreement is reached, the next stage is to file for divorce. Certain details and documents are required when applying, such as the parties' names, status and place of residence, place and date of marriage, place where the parties last shared a residence; permanent residence of the parties, names of children with date of birth and reasons for divorce, as well as conditions of mutual divorce.

Step 4: First move

For the first motion after the filing of the motion, the court will hold a hearing. Both spouses must confirm their agreement to the divorce by appearing in court during this hearing. To make sure that all the terms are reasonable and agreed upon, the court will analyze both the proposal and the mutual divorce agreement.

Step 5: Waiting time

Waiting time is also known as cooling time. It takes six months to a year after Indian law requires an initial proposal. During this time, the couple can try to reconcile and think about their decision. The parties may proceed with the second proposal if they wish to proceed with the divorce after the cooling-off period.

Step 6: Second move

Mutual divorce proceedings end with a second proposal. It is necessary for both partners to appear in court and confirm their ongoing mutual consent to the divorce. The marriage will be formally annulled by the court if the agreement is mutually fulfilled/accepted by the court and all legal conditions are met.

Step 7: Divorce Decision

After the parties have resolved all issues related to property division, child custody and alimony, mutual divorce proceedings proceed to the final stage. Before the court can make a final judgment, the couple must be in full agreement. The court will issue a divorce decree after it is satisfied with their agreement. Divorce is terminated by this decree, which legally announces the dissolution of the marriage.

Some cases of laws

Amardeep Singh vs Harveen Kaur (2017):
This important decision of the Supreme Court of India has clarified that there are situations in which the six-month cooling-off period under Section 13B (2) of the Hindu Marriage Act can be waived. According to the court's ruling, the waiting period can be shortened if mediation and conciliation have failed and both parties have given permanent consent to the divorce.

Suman vs Surendra Kumar:
This Rajasthan High Court case highlighted the need for a cooling-off period to ensure that spouses do not make snap decisions about their divorce, even when no exact date is specified.

Sureshta Devi vs Om Prakash (1992):
In this case, Section 13B of the Hindu Marriage Act defined "living apart" with greater precision thanks to the Supreme Court. The court ruled that living apart does not always mean physical separation, but rather a lack of marital bond between the partners.

Conclusion

Divorce by mutual consent is a dignified way to end a marriage, allowing both parties to move forward respectfully and amicably. In India, initiating such proceedings involves following a specific legal process, which can be facilitated by understanding the steps involved and working with qualified lawyers. This process allows for an amicable resolution to the end of a marriage and, with proper guidance, can be less stressful for both parties involved. In conclusion, mutual divorce proceedings in India offer a way for couples to separate amicably and with mutual consent. However, the information provided is for general purposes only and should not be considered legal advice. Consulting a qualified lawyer is essential to understand the specific legal requirements and implications of mutual divorce in India.