Kanika
MUTUAL DIVORCE
Kanika bhardwaj 16 Jun 2019

MUTUAL DIVORCE

It is a simplest way to get a divorce and get separated. Mutual divorce can only be granted if both husband and wife wishes to get separated on agreed terms. It means that the terms and condition on which both parties are praying for divorce should already be decided, agreed upon and reduced to writing in an agreement called Memorandum Of Understanding which will be annexed alongwith the petition of mutual divorce and will be filed before the Hon'ble Court.

Process of Mutual Divorce

1- Filing of petition called "First Motion" alongwith the documents specified below:

  • Marriage Proof- Photographs of marriage, Wedding card, Marriage Certificate, Arya samaj marriage certificate. ( any 1)
  • Address proof of both husband and wife- Aadhar card (mandatory). Rent agreement (if any)
  • Memorandum of Understanding ( agreement)- All the terms and conditions in writing which both husband and wife agree upon and give their consent for divorce.On filling of First Motion, a court date for appearance of husband and wife will be given at filing counter.

On that date, both husband and wife have to appear before the Hon'ble court for giving their statements. Their statements will be recorded in the presence of their advocates and Court will pass order of First Motion on the same date.

2- Filling of Second Motion- Second motion is filed after 6 months. But in a recent judgement, the time period of 6 months has been waived off ( on condition). Thus, the second motion can be filled before 6 months also. But for that an application u/s 151 Cpc is filled before the Hon'ble Court to waive of 6 months time period. If court allows the application, then the second motion can be filled before 6 months also. If court dismisses the said application, then husband and wife hasve to wait for 6 months for filing of second motion. Second motion is filled exactly in the same way as First Motion.

On the date of appearance, the decree of divorce is granted !! You will get an original decree of divorce from court within 7-10 days. Also you can apply for original copies of first motion and second motion from the court which is again provided within 7-10 days. For further query or clarification you can mail us or contact us. 

Thank you

Kanika Bhardwaj, Advocate
B.A LLB, LLM, NEW DELHI
958200415, Kanikabhadwajlawfirm@gmail.com

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