Mutual Consent Divorce

Mutual Consent Divorce Lawyers in Chennai | Rajendra Family Court Law Firm | Best Divorce Advocates | Divorce Legal Services

Both the parties jointly can seek Divorce by Mutual Consent Under Section 13-B of the Hindu Marriage Act, 1955, by filing a petition before the Family court or Sub-Court. Of Course, The Meaning of Mutual consent is both the life partners agree for peaceful separation.

Find the Best Mutual Consent Lawyers in Chennai, Tamil Nadu, India. The Mutual Consent Divorce is a straightforward method for coming out of the marriage and break up it legitimately. Significant prerequisite is the Mutual Consent of the spouse and wife. In fact, There are two angles on which Husband and Wife need to reach to accord. One is the Alimony or Maintenance issues. With all these Conditions, Synergy Law Group: Family Court Law Firm offers the best Legal Support for both the parties equally.

What is meaning of Divorce by Mutual Consent ? | Best Mutual Consent Divorce Lawyers

According to Law there is no base or most extreme constraint of Maintenance. It could be any figure or no figure. Next significant thought is the Child Custody. This can likewise be turned out adequately between the gatherings. Child Custody in Mutual Consent Divorce can be Joint or shared or selective relying on the comprehension of the life partners.

(i) Husband and wife must have separately living for one year period or more. During this time of separation they have not had the option to live respectively as Husband and Wife

(ii) That Both the parties are unable to live together.

(iii) And that both husband and wife have agreed  mutually that their marriage has absolutely broke down. So,  the Marriage must be dissolved. Under these situation, Both the parties jointly can file a Petition of Divorce by Mutual consent.

A Divorce process basically starts with the filing of a divorce petition as per the Indian Legal system, .

Where to file a divorce petition ?

1. The Family Court or Sub-Court can be one where Life Partners seeking divorce last Resided.

2. The Family Court or Sub-Court can be one where the marriage was solemnized.

3. The Family Court or Sub-Court can be one where the wife is residing as of present.

Best Lawyers for Child Custody & Maintenance in Mutual Consent Divorce

In the Sub-Court or Family court of the District or city in which both the partners lived together in past, that is supposed to be the matrimonial home.

Are there Various laws of Divorce for different religion in India ?

There are various Laws of divorce for different religion.

  • Hindus (which includes Sikh, Jain, Buddhist) are governed by Hindu Marriage Act,1955.
  • Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939
  • The Muslim Women (Protection of Rights on Divorce) Act,1986
  • Christians are governed by Indian Divorce Act-1869
  • The Indian Christian Marriage Act,1872.
  • Secular law called Special Marriage Act,1954.
  • Parsis are governed by The Parsi Marriage & Divorce Act-1936.

The divorce petition is nothing but a form of affidavit. You must submit in the family court or Sub-Court.

The Court will record the statement of both the parties. After this process, the court normally adjourns the case for a period of six months. Then, Both the parties must appear before the court in the specific date. This is the second motion confirming the mutual consent filed previously. Then, The Court will grant a decree of the divorce after this second motion.

The Mutual Consent divorce petition will be pending during those 6 months period. Any one of the spouse have a right to withdraw the mutual consent Divorce petition by filing an application before the court by stating that he/she does not wish to continue the divorce process by mutual consent. By this action, the court will not grant a divorce decree.

What can the other partner do under such circumstances?

There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Remarriage without getting divorce is a punishable offence with seven years imprisonment.

If either of the spouses is not heard for a long time, should the divorce be applied?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

In the event that you hire a Lawyer, it will be more or less from INR 25,000 to Rs 1,00,000/-.

It takes from 6 Months to one year from the date of Filing of the Petition. It differs from case to case and all around.

Can a Person file a divorce petition by himself without a Lawyer ?.

You can get the documentation done by yourself. Meanwhile, you can file on your own without an Advocate. In the same fashion,  the cost will be very very low. You may have any problem in filing process sue to lack of experience and knowledge. With an expert guidance, and you can do this work to save some money but you must spend of time.

Contact Top Mutual Consent Divorce Lawyers in Chennai

Synergy Law Group: Family Court Law Firm is the Leading Law Office for Matrimonial Matters

Contact Top Mutual Consent Divorce Lawyers in Chennai, Tamil Nadu, India