The parties who are going for the mutual consent divorce before filing the petition the couple must be living separately for at least the period of one year or more than one year, after the filing the mutual consent divorce, the two motion are passed that is first motion and the second motion, between the first motion and the second motion the couples are given the cooling off period of 6 to 18 month for the reconciliation between the couple and if it also don’t work then second motion is filed hence court grant the divorce decree to those particular couples.
This mode of divorce is said to be the most simplest form of divorce this process of divorce requires the separation of minimum 1 year and after that the cooling off period of 6 to 18 months are given from the date of filing the first motion, this process is said to be the easiest way of divorce for the dissolution of marriage.
How to file for the Mutual consent divorce?
The process of mutual divorce requires the couple to file a petition before the concerned court along with the affidavits by both the parties stating that they are not able to stay together as husband and wife and hence they have opted for mutual consent divorce, and they must settle all the disputes, rights and obligations by the means of mutual agreement and those are:
- The child custody
- Any maintenance or alimony
- Cost of the litigation
- And any kind of disputed property
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The Divorce petition can file before the family court where:
- The marriage has been solemnised
- Last place where the couple resided
- Place where the wife is living at the time of filing the petition
The first motion is granted when after filing the petition the court will record the statement of both the husband and the wife, if any of the party is not able to attend the proceedings any member of the family or the power of attorney can be present on his behalf and after the statement is recorded the first motion is granted.
Cooling off period in mutual consent divorce?
This cooling off period is given by the court for the chance of reconciliation between the parties to the divorce before the decree of divorce is obtained.
In the case of Anil jain vs. maya jain the court stated that to provide justice to the couple under the Article 142 of the Indian Constitution if the parties are litigating for the long term and abundant amount of time has been lapsed and there is no of conciliation between the parties then that particular cooling period of 6 months can be waived off, it is not a mandatory provision but said to be a directory provision and thus it can be waived off from time to time or from case to case, this cooling off period can be waived off when the parties to the divorce have settled all the dispute such as the child custody, alimony or any other kind of pending disputes.
The parties have to file the waive off application and it can be filed after one week of the first motion by providing the reason for the prayer of the waiver, and if all those conditions are satisfied then the waive off depends totally at the discretion of the court.
How can Lead India Help?
Lead India have the expert Matrimonial, divorce and family advocates in Delhi, Kolkata, Mumbai and other parts of the India who will guide you and help you in full process of the mutual divorce in very less period of time, will guide from the first motion till obtaining the final divorce decree and also assist you to settle all the settlement related disputes between the parties to divorce
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