How can I get divorce from my wife with mutual consent in India?

  1. Step 1: Filing a Divorce Petition.
  2. Step 2: Court hearing and inspection.
  3. Step 3: Statement Records.
  4. Step 4: First Motion.
  5. Step 5: Second Motion and Final Hearing.
  6. Step 6: Divorce Decree.

How long does it take to get a divorce by mutual consent in India?

How much time does it take? Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

Can divorce be possible by mutual consent?

(iii) The period of six to eighteen months time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. Mutual consent should continue till the divorce decree is passed.

Is mutual divorce agreement valid in India?

Answers (4) No. It is a bogus agreement not recognised under law.

Is 1 year separation mandatory for mutual divorce?

For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.

What is the fastest way to get divorce in India?

With two divorce process in India, often couples find Mutual Consent the easier way. But the time period for its finalization would also take a min. 18 months.

How much does mutual divorce cost?

While there is no fixed rate for lawyers in India, on average, a mutual divorce can cost anywhere between ₹5,000 and ₹50,000. All lawyers take a fee depending on their stature, experience, and skill.

How easy is a mutual divorce?

It is a decision taken by mutual consent, and hence, the process is a lot smoother than divorce by other means. As per the Hindu Marriage Act, 1955, both spouses have the right to file for the dissolution of their marriage. Furthermore, the Act also allows both parties to file for a mutual consent divorce together.

Is 6 months necessary for divorce?

Legislature has, in its wisdom, enacted Section 13B (2) of the Hindu Marriage Act to provide for a cooling period of six months from the date of filing of the divorce petition under Section 13B (1), in case the parties should change their mind and resolve their differences.

Can a judge reject mutual divorce?

Fraudulent Consent: The most important aspect of a mutual divorce is the free consent of both the spouses. If under any circumstance, the consent has been forced or fraudulently obtained through duress, etc., the judge can deny the divorce petition.

Can we get mutual divorce in 3 months?

No, you can’t get divorce after 3 months of marriage. You have to wait for at least one year to file divorce case against your partner. The waiting period of one year is inevitable even if you both plan to go for mutual consent divorce.

Is alimony mandatory in mutual divorce?

Is Alimony Mandatory in Mutual Divorce. However, it is not necessary if the parties are pursuing divorce by mutual consent. The parties can agree on maintenance or alimony. According to the agreement, the husband might handle a specific sum of money to the wife or vice versa.

How many years of separation is equal to divorce in India?

Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriages Act, 1954 stipulate that the spouses must remain separated for a period of one year in order to apply for divorce by mutual consent.

Can wife file 498A after filing mutual divorce?

If i am sending notice for divorce to my wife can she file case 498A against me? Yes. You both need to sign on the divorce petition for a mutual consent divorce. This is presented by both of you in the court before the judge.

What are the rules for mutual divorce?

As per Section 13B of the Hindu Marriage Act, 1955, the following conditions must be met to file for a mutual divorce. (i) Both spouses must live separately for at least one year. (ii) Both spouses feel that they cannot live together.

Can wife stay separately without divorce?

you can stay separately without divorce although your husband can file a case under section 9 of the hindu marriage act for restitution pf conjugal rights. Also in cases of less than one year of marriage for divorce due permissioneof the court is required.

Can I live in relationship without divorce?

The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and that the act of two adults living together, in any case, cannot be considered illegal or unlawful.

Can working wife claim alimony?

A working woman is eligible to get alimony depending on her income and living conditions. So, even if the woman is working and there is a substantial difference between her and her husband’s net worth, she will still be granted alimony to provide for the same living standards as her husband’s.

Can we get divorce in 15 days?

It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the …

How long does a one sided divorce take?

Also there are various other basis in Hindu Marriage Act that you can opt for filing of one sided divorce. So in case of divorce by mutual consent, it usually takes 18-24 months.

What is the cost of divorce in India?

Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years’ worth of experience. Most lawyers in Mumbai charge around INR 5000 or INR 7000 per hearing, meaning that the longer the battle, the costlier it becomes.

Do we need lawyer in mutual consent divorce?

A mutual consented divorce is an easier and faster way you can get a divorce without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place, and decided on other relevant factors.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

How can I get a divorce fast?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

Can you divorce in one month?

Divorce can only be filed after 1 year of marriage and if a mutual consent divorce is filed then there will be a 6 month cooling off period and then only the divorce will be filed.

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