Kanika
HOW IS MUTUAL DIVORCE TAKEN ?
Kanika bhardwaj 25 May 2018

HOW IS MUTUAL DIVORCE TAKEN ?

HOW IS MUTUAL DIVORCE TAKEN ?

The first condition for taking divorce mutually is that both the parties ( husband and wife) must be ready to get separated from each other. It should not be a case where only one party wants divorce and the other party is not ready. In that case Divorce can be filled on the basis of cruelty or any other ground but not "MUTUAL DIVORCE".


TERMS TO BE DECIDED BEFORE PROCEEDING FOR MUTUAL DIVORCE:

1- AMOUNT OF MAINTENANCE ( IF ANY )- It should be mutually decided between the parties that weather husband will give maintenance to wife ? and if yes, then the amount must already be decided and agreed upon.


2- CUSTODY OF CHILD ( IF ANY), VISITATION RIGHTS TO HUSBAND/WIFE.

3- ANY STRIDHAN/ JEWELRIES/ OTHER ITEMS TO BE RETURNED OR NOT.

4- SHARE IN PROPERTY ( IF ANY)


PROCEDURE:

1- Get your mutual divorce petition drafted by your advocate.

2- Once the Petition is filled, A date will be provided on which both husband and wife have to be present. That date will be called as "FIRST MOTION". 

3- After receiving orders, your advocate will draft another petition called as "SECOND MOTION" and file it in Court. On second motion only, divorce will be done and divorce decree will be provided within 7-10 days. 


KANIKA BHARDWAJ

ADVOCATE, NEW DELHI

(M)- 95820000415

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