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Divorce by Mutual Consent Procedure in Bangalore, INDIA

Divorce by Mutual Consent Procedure in Bangalore, INDIA

Cosmopolitan Bengaluru (formerly Bangalore) is one of India's most progressive and developed cities, blessed with a benevolent climate and very nice surroundings it’s recognized as Silicon Valley of India. The past decade has seen a mad surge of development, coupled with traffic congestion and rising pollution levels and more alarmingly RISE IN DIVORCE RATES too, at this pace be no surprised after Mumbai and Delhi it will be Bangalore that will have the highest number of divorces. Today stress levels have hit the roof creating a wedge between two people, pushing each farther away and they are just a memory to each other… some common reasons I have heard from my clients are unable to give time to each other, no sexual intimacy, communication problems, alcohol and drug abuse, small apartments to live in with In-Laws (Infrastructure challenges), lack of trust, infidelity, adultery, impotency and sexual orientation.

The fact is that today couples, who are well educated, after realizing that marriage has no future and they are virtually carrying on irretrievably broken down marriage and there is no possibility of reconciliation, after a calm and careful deliberation and taking their respective parents into confidence, couples decide to approach the learned court to seek a divorce by their mutual consent.  

Here are the steps outlined one can refer to…

1.    India is a multi-religion country Divorce my mutual consent carries different process for different religions in India, Hindus are governed under the Hindu Marriage Act,1955, Christians are governed under Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872, Parsis are governed by The Parsi Marriage & Divorce Act-1936, and Muslims under Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986, and finally for NRIs, or Foreign nationals who are married with Indians fall under a secular law called Special Marriage Act, 1954.

2.    Governing rules for couples to seek divorce by mutual consent are as follows

a.    Both Husband and Wife have mutually agreed to dissolve the marriage under no influence / threat

b.    Filing the petition for mutual consent should be done in the jurisdiction where husband and wife live ( document required to prove the jurisdiction is address proof)

c.    Both Husband and Wife are living separately since one year (i.e.. staying in different locations and not under one roof in different rooms, address proof is the document required)

d.    After filing the petition both husband and wife has to wait for 6 months (Cooling Period) to complete the procedure post which they will be declared divorced. And in a recent development in this clause a married couple may not need to wait six months for a separation order in the case of mutual consent and the marriage can be legally terminated in just a week as the Supreme Court on Tuesday 12th September 2017 held that the "cooling off" period in not mandatory and can be waived off.

e.    After the divorce decree is granted, they need to go to the marriage sub-register office and submit a form along with the divorce decree to cancel the marriage certificate

3.    Divorce is filed in the family court of the city; in Bangalore family court is located at H.Siddaiah Road, Sudhama Nagar, Bengaluru, Karnataka 560027. The court operates from 10:00 AM in the morning to 6:00 PM in the evening, Monday to Saturday.

4.    The couple who plan to seek divorce meet a lawyer and share their concerns, post which the lawyer drafts a petition, collects signatures on a few affidavits and applications and depending on a date that suits everyone they decide to file the petition at the family court. Documents required to complete the filing are

a.    Divorce Petition for dissolution of marriage under sections and acts as per the religion
b.    Memorandum of Understanding (in case of child custody, property and assets etc…)
c.    Verifying Affidavits of both Husband and Wife
d.    Joint Affidavit of both Husband and Wife
e.    Application under Section 13 Family Courts Act
f.     Address Proof of both Husband and Wife
g.    Identify Proof of both Husband and Wife
h.    Marriage Invitation Card
i.      Marriage Photograph
j.      Marriage Certificate
k.    Valkalatnama

5.    On the day of filing, both Husband and Wife meet the lawyer at the family court, the lawyer verifies all the documents, prints them on a green colour legal paper of size 8.5” x 14”and aligns them as per the requirements / process outlined by the family court, collects signatures from both husband and wife in the presence of an authorized notary,  affixes the stamps and pays the stamp duty (fees) as prescribed by the court depending on the act and section under which the petition is being filed. This process typically takes not more than a couple of hours and the filing is completed.

6.    The Filing department forwards the case file to the court after verification, If in case there is an error, or any document not as per the prescribed rules, or any other point mentioned does not meet the requirements outlined as per the act and sections the couple are governed, the judge raises an objection.

7.    The Lawyer is notified about the objections and the same needs to be rectified, typically 15 days to 1 month duration is granted by the court to address the objections. The lawyer then reconvenes with the parties (husband and wife) and collects all relevant information / additional documents and submits to the court. In case the objections are not addressed, the case gets dismissed and the procedure needs to be followed all over again.

8.    If there is no error and the filing is done following the correct procedure the court accept the petition, records the statements of both parties and date for next herring is given, this is typically 6 months from the date of filing the petition. There have been some cases where a special prayer is done by the lawyer and parties to wave off the cooling period of 6 months, but this practice is not entertained in all cases. The Supreme Court put an end to this practice in the year 2009, but still in some cases the High Court has granted relief form the waiting period.

9.    During this waiting period / cooling period of 6 months either both Husband and Wife or any one of the party can withdraw the petition, however the courts comedown heavily and wran parties who are withdrawing the consent after filing if the intention is to extort money or draw vengeance, more often than not such instances don’t occur and the process gets completed. The point I am highlighting here is the opportunity.

10.  After 6 months both husband and wife have to present themselves before the court to confirm the mutual consent filed earlier and in this cooling off period as well there has been no reconciliation, in some cases if there is an inclination of saving the marriage counselling can be recommended at the mediation center of the same premises in Bangalore, if nothing works out, the final order is passed and both are declared divorced.

11.  Once the divorce decree is granted the final step is to visit the Marriage Sub Registrar office and get the marriage registration cancelled. This completes the process.

A very important point to remember is during this 6 months waiting period it’s advisable for the (Husband) boy or (Wife) girl not to entertain any second marriage option or engage in a courtship, this is punishable offence and will entertain complications in the proceedings.

Trust this blog was helpful and the reader has fair knowledge on the procedure for divorce by mutual consent that prevails in India, If you need assistance / support or need to discuss about your case feel free to drop a note to me at lawyersonia@gmail.com or call at 9845944896.

Feel free to share your feedback / comment on this post.

Did you find this write up useful? YES 24 NO 0
Romina Abalos   9 Jan 2023 9:45am
My name is Romina Abalos. My husband and I have been married for 12 years, and have a son together and I am currently pregnant. He is a widower. He came from an influential family while I came from a poor background we live in the US but we were both born in Mexico. He has a business in Cyprus. He told me that he wanted to expand his business there and wanted to invest in a house. It was rather sudden but I agreed. He normally visit every month. But he changed and stopped visiting, he only sends money and hardly call nor take my calls. I have a fashion and travel blog on Instagram. Then one day I got a direct message from a woman, She says that she has proof that my husband is having an affair with her. I didn't believe it at first but she sent me pictures he had sent her, messages between them. I confronted my husband and he confirmed it that all what the lady said was true. As a matter of fact he told me he wanted a divorce and he doesn't love me no more. i was going through a page on instagram one day and saw a woman who told a story about how a man saved his marriage. i immediately sent her a Direct message to confirm her story and she told me how powerful the man is. she gave me his email drokosu01@gmail.com and i contacted him. He told me that my husband was under some sort of powerful forces and that he is not in his right senses. He was able to break the forces and saved my marriage from divorce. My husband is back to the loving husband that he used to be and he cut every link with the other lady. He visit home more often now. i and our son go visit him also and spend holiday with him. I want to say thank you to this Great man of God Dr Okosu but i call him Father. His whatsApp is +2348119663571
Federica Badami   22 Dec 2022 3:44pm
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ranjna gupta   9 Dec 2022 7:50am
this was helpful ,but tell me if husband initially agrees for mutual divorce and midway doesnt agree what is the procedure then.and also if he doent give divorce ,how t o proceed with filing divorce by myself .thanks n
Zixin   5 Dec 2022 9:38am
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Sunil Reddy   9 Oct 2021 8:26pm
I am single
vijay   9 Feb 2021 11:23pm
Need divorse
shobha   9 Feb 2021 11:22pm
Need divorce
Reena   3 Nov 2020 7:13pm
Hello, If divorce case gets dismissed in family court ..what needs to be done as a next step.
kowligi venugopal   15 Oct 2020 7:32am
excellent guidance. I need clarifications on one sided divorce filed
Ananda.M   17 Aug 2020 11:39pm
I would like to send divorce notice to my wife with in next two days I will transfer the required amount to your account.
Ananda.M   17 Aug 2020 11:39pm
I would like to send divorce notice to my wife with in next two days I will transfer the required amount to your account.

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