Procedure Mutual Consent Divorce
Hindu marriage act came in to existence in the year 1976, under this act MUTAUL CONSENT DIVORCE was brought by our legislatures only to avoid long drawn litigation between the parties, And the act also emphasis the pointlessness or uselessness discussion between the parties in the court proceeding. The parties who are interested to get a mutual divorce, the act says that the time or duration of obtaining a divorce is SIX months from the date of filing the petition.
We provided a complete road map of Mutual consent divorce, it covers the Court and mediation role, how to initiate the processes, compensation and maintenance, custody of child, property and movable article. We create a good environment in which the spouses should talk to each other and reach a conclusion that marriage is not workable, to ease out the tension surrounding them. Our presence helps you to forget the fear of society because apart from husband and wife nobody knows the situation better.
A spouse should decide amongst themselves child custody, who is going to have the physical custody of the children, visitation rights and interim custody during school vacations or summer vacation or other holidays. If both the parties agreed, equally competent to take care of the child custody. Parties can reach a settlement agreement that prevails the subject to the welfare of the minor children.
The financial settlement includes Maintenance, Alimony, children’s education expenses, marriage expenses, join accounts and investment and many others. Metro law firm creates and calm atmosphere and reaches its own solutions to settle the matter between the parties. At the time of settlement, spouses are under stress with lot of emotion and files to reach logical conclusions in which we provide other options with our vast experience in the field to resolve issues between the parties.
YES, Both parties should present in the court at the time of mutual consent petition filing. If either of the parties is not able to attend or unable to come, such a party may appear through the Power of Attorney holder. Only the family members of the spouse can hold the power of attorney of the spouse. The first appearance is recorded, First Motion has been granted.
After the first appearance or first Motion parties are called after the SIX months period for second motion. On request, this period may extendable up to 18 months. This period is also called the cooling period.
The first six months from the date of filing a petition are called the Cooling period in Mutual divorce. In this period parties may think their relationship again for reconciliation. During this period before moving the second motion, parties have the liberty to withdraw their consent for divorce.
The parties should complete the cooling period ( SIX months). After the completion of the six months and if the patties unable to resolve their problem or differences, they have to appear before the court for the statement of the parties and the same will be recorded. Then the court passes an order dissolving the marriage through a decree of divorce and thereby marriage stands dissolved.
Either of the parties can file a mutual consent divorce petition A. Last residing address / Place of the spouse. Place where the marriage had taken place. C. Address of he the wife where she residing at the time of filing of the petition.
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