Introduction
A mutual divorce is the simplest and least contentious way for a married couple to legally separate. Under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, both spouses can mutually agree to end their marriage if they have been living separately for at least one year and cannot reconcile their differences.
This guide provides a step-by-step process for filing a mutual divorce in India, along with necessary legal requirements and documentation.
Eligibility for Filing Mutual Divorce
- Both spouses must agree to the divorce.
- They must have been living separately for at least one year.
- There should be no chance of reconciliation between them.
- All child custody, alimony, and property settlement terms should be pre-decided.
Step-by-Step Process to File Mutual Divorce in India
Step 1: Consult a Divorce Lawyer
- Seek legal advice to understand the implications of mutual divorce.
- The lawyer will draft the divorce petition outlining the agreement terms.
Step 2: File the Joint Divorce Petition
- The petition should be filed in family court by both spouses.
- It should mention:
- Date and place of marriage
- Reason for divorce
- Agreement on child custody, alimony, and asset division
Step 3: First Motion Hearing
- Both spouses appear before the family court judge.
- The judge records their statements and attempts reconciliation.
- If reconciliation is not possible, the court accepts the petition.
Step 4: Six-Month Cooling Period
- A mandatory waiting period of 6 months is given for reconciliation.
- If the couple still wishes to proceed, they must file a Second Motion.
Step 5: Second Motion Hearing & Final Decree
- After 6 months, both parties confirm their decision to divorce.
- If satisfied, the court grants the Divorce Decree legally dissolving the marriage.
Documents Required for Mutual Divorce
- Marriage certificate
- Address proof of both spouses
- Proof of living separately (rental agreement, utility bills, etc.)
- Income statements of both parties
- Child custody agreement (if applicable)
- Property settlement agreement (if applicable)
Time Frame for Mutual Divorce
- Minimum time: 6 months (cooling-off period)
- Maximum time: 12-18 months depending on case complexity.
Rights of Spouses in Mutual Divorce
- Wife’s Rights: Can claim alimony, child custody, and property rights if agreed upon.
- Husband’s Rights: Can seek fair division of assets and child custody.
- No party can force the other to withdraw from the agreement.
What If One Party Withdraws Consent?
- Mutual divorce requires both parties’ consent throughout the process.
- If one spouse withdraws consent, the divorce petition becomes invalid.
- The other spouse must then file a contested divorce, which takes longer.
How RTI Can Help in Divorce Cases
- Obtain marriage registration records for legal documentation.
- Verify spouse’s financial details for alimony or asset division.
- Check pending criminal or civil cases related to the spouse.
How RTIwala Can Assist You
- Custom RTI Drafting for legal document verification.
- Anonymous RTI Filing for confidential information retrieval.
- Legal Consultation for divorce and asset disputes.
- Follow-up on RTI Requests to ensure timely responses.
Conclusion
Mutual divorce is the quickest and most peaceful way to end a marriage legally. By following the proper legal procedure and ensuring all agreements are settled, both parties can avoid unnecessary disputes. If you need legal assistance, RTIwala can help you obtain key documents and navigate the process smoothly.
