Are you considering a mutual divorce in India? If so, you may be wondering about the process, time frame, and legal rights involved. In this blog, we'll cover everything you need to know about the mutual divorce process in India in 2023, including new rules, procedures, and the rights of both men and women.

Mutual Divorce Process in India 2023

In India, mutual divorce is a legal process in which both parties involved in a marriage consent to end their marriage. This process is less stressful and less expensive than other forms of divorce, as both parties have agreed to the terms and conditions of the settlement. For a mutual divorce, both parties must have lived separately for at least one year before filing the joint petition.

The process of obtaining a mutual divorce in India involves filing a Joint Petition under Section 13-B before the family court of the relevant jurisdiction. This petition is filed in two motions, and the decree of divorce will be passed in two stages. The first joint petition is filed as the Petition for the decree of divorce in the 1st motion. After a minimum period of six months from the date of the decree of the 1st motion, the joint petition for the 2nd motion shall be filed before the Court, wherein the Court will grant the final decree of divorce.

If you are planning to file a mutual divorce in India, here are the steps you need to follow:

Step 1: File a Joint Petition To begin the mutual divorce process, you need to file a joint petition. This petition should be signed by both parties and should state that they no longer wish to continue their marriage due to irreconcilable differences. The joint petition should also include the mutually agreed details of settlement, including property, assets, and children.

Step 2: Appear in Court Once the joint petition is filed, both parties are required to appear in court on the date issued. During this process, both parties are expected to appear in court with their respective counsels.

Step 3: Scrutiny of the Petition by the Court The court will scrutinize the petition and documents submitted. If the court is satisfied with the conditions of the divorce and the documents submitted, it will then order the recording of the statement of both parties on oath. In some cases, the court may attempt to reconcile the marriage.

Step 4: Recording the Order and Passing the Statement Once the statement of both parties is recorded, the court passes an order of the first motion. The court will grant six months before the parties can file for the second motion, which must be done within 18 months of the date of filing.

Step 5: Appearing for the Second Motion Once six months have passed, the parties can file for the second motion. The 6-18 months are granted to utilize any scope of reconciliation. However, if the parties still wish to proceed, there is only one more step ahead.

Step 6: Decision of the Court Upon the absolute agreement of both parties to end the marriage and the complete satisfaction of the court, the divorce is granted, putting a legal end to the marriage between the parties.

Documents Required to File a Mutual Divorce The following documents are usually required to file a mutual divorce case in India:

◼ Marriage certificate

◼ Address proof of husband and wife

◼ Four photographs of the marriage

◼ Income tax statement for the last three years

◼ Details of profession and income (salary slips, appointment letter)

◼ Details of property and assets owned

◼ Information about the family (husband and wife)

◼ Evidence of staying separately for a year

◼ Evidence relating to the failed attempts at reconciliation


Conditions for Mutual Divorce - Section 13-B To file for mutual divorce, the following conditions must be satisfied:

◼ The parties have been living separately for one year or more, and they have mutually agreed that the marriage should be dissolved.

◼ The period of living separately for one year must be immediately preceding the presentation of the Petition.

◼ "Living separately" connotes not living 

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Mutual Divorce Process Time in India

The mutual divorce process time in India can vary depending on the court's backlog and the complexity of the case. In general, the process can take anywhere from six months to one year.

New Rules for Divorce in India 2023

As mentioned earlier, one of the new rules for divorce in India 2023 is the reduction of the mandatory separation period from two years to one year. Other changes include the requirement for couples to attend mandatory counseling sessions before filing for divorce, and the ability for women to file for divorce in the place where they currently reside, rather than where they were married.

Following are the New Rules for Divorce in India 2023 :

GROUNDS FOR DIVORCE PREVIOUS LAW NEW LAW
Adultery Only the spouse who was cheated on could file for divorce Both spouses can file for divorce
Mental/Physical Cruelty Includes physical violence, harassment, and mental torture, but did not have a clear definition Includes physical violence, harassment, and mental torture, but now also includes withholding financial support or denying access to a child
Desertion Must have been for a continuous period of 2 years Reduced to a continuous period of 1 year
Conversion Not recognized as grounds for divorce Recognized as grounds for divorce
Irretrievable Breakdown Not recognized as grounds for divorce Recognized as grounds for divorce, but requires a one-year separation period



Rights of a Man in Divorce in India

Men have certain legal rights in a mutual divorce in India. They have the right to contest the terms of the divorce, such as child custody and alimony, and the right to request a fair division of property.

Rights of a Woman in Divorce in India

Women also have legal rights in a mutual divorce in India. They have the right to seek maintenance and alimony from their spouse, as well as custody of their children. Additionally, women have the right to ask for a share of the marital property, including any assets acquired during the marriage.

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FAQs :

Minimum Time to File Divorce after Marriage in India

The minimum time to file for divorce after marriage in India is one year if the divorce is mutual, and two years if it is contested.

How to Apply for Mutual Divorce in India

To apply for mutual divorce in India, both spouses must agree to the terms of the divorce and file a joint petition with the family court.

Documents Required for Mutual Divorce in India

Documents required for mutual divorce in India include marriage certificates, photographs, and address proof.

Mutual Divorce Lawyer Fees

Mutual divorce lawyer fees in India can vary depending on the complexity of the case and the lawyer's experience. It is best to consult with a lawyer to get an estimate of the fees involved.

How Long it Will Take for Mutual Divorce

The mutual divorce process in India usually takes between six months to one year, depending on the complexity of the case.

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