Procedure For Mutual Consent Divorce

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

As a mutual consent divorce lawyers, we “VED LEGAL” provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We provide different options using our vast experience in the field to resolve issues affecting the chances of settlement.
Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken place
• Place where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think over their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.
During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.