When a married couple has irreconcilable differences due to disagreement, harassment, infidelity, etc. and they find it impossible to cohabit, they decide to put an end to the marriage.
In the circumstances where couple has irretrievable breakdown of marriage our team of mutual consent divorce lawyer in Mumbai and Delhi can help couple resolve marriage related disputes by counselling & mediation or alternatively by filing for mutual consent divorce in Bandra family court, Thane family court and Panvel District Courts after preparing mutual consent divorce settlement agreement.
It is any time advisable that before reaching to the decision of “Divorce”, the couple must seeks expert advice from mutual consent divorce lawyer in Mumbai and Delhi to ensure smooth decision making process and to know your legal rights.
We are committed to security and confidentiality of our prestigious clients. Our top mutual consent divorce lawyers in Mumbai and Delhi maintain high level of transparency and confidentiality of clients and are bound by high standard of professional ethics.
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Mutual consent meaning in India
Mutual consent meaning in India generally relates to two parties of sound mind and comprehension agree in tandem to a contract that can be written or verbal.
To have a valid "contract" or agreement between couple that engages in the construct of mutual consent, both parties should have attained majority and must have a sound mind to understand the terms of settlement agreement and the consequences thereof. The consent given by both parties should be out of their free will and without any force, coercion or fraud.
Explanation: An individual aged 25 years having unsound mind cannot mutually consent to mutual consent divorce.
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Mutual consent divorce in India meaning
Divorce by Mutual consent in India generally relates to married couples who are given the right to dissolve their marriage by a decree of divorce with the help of a mutual divorce lawyer when their marriage is irretrievable breakdown on following grounds of divorce:
* Couple have not been able to live together.
* Parties have been living separately for minimum period one year.
* Couple have mutually agreed to dissolve their marriage.
Mutual consent divorce is defined as couple agreeing for mutual and peaceful dissolution of marriage out of their own free will and without any force, coercion or fraud. The major ingredient for mutual divorce is the free consent of both spouses. There are certain aspects in the mutual divorce settlement agreement on which the husband and wife have to reach mutual consensus regarding alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint properties, withdrawal of civil or criminal cases, etc.
Mutual consent divorce is the best and easiest way to end the disharmonious marriage. For more information kindly call best mutual consent divorce lawyer in Mumbai at +91- 8291142435 or click here to contact us.
File mutual consent divorce in Mumbai, Thane and Navi Mumbai jurisdiction
Mutual consent divorce lawyer can help in filing mutual consent divorce in Mumbai, Thane, Navi Mumbai and Delhi. Mumbai, Thane and Navi Mumbai fall under territorial jurisdiction of Bandra family court, Thane family court and Panvel District Courts respectively.
You can file mutual consent divorce papers in local limits of the Family Court or District Courts, where:
* the marriage was solemnized, or
* wife resides, or
* last place where both parties resided together.
If either of the above mentioned conditions is met, then accordingly the filing of mutual divorce petition can be done at Bandra Family Court, Navi Mumbai, and Thane family court.
Bandra family court address :
Family Court, Mumbai
New Administrative Bldg.,
"B" Wing, Bandra-Kurla Complex,
Bandra (East), Mumbai - 400 051
Telephone No. 022-26591270
Bandra family court case status by case number
Thane family court address
Thane family court case status by case number
Panvel family court address
Panvel family court case status by case number
To ascertain your jurisdiction for filing mutual divorce petition kindly call mutual consent divorce lawyers at +91- 8291142435 or click here to contact us.
What are the laws governing mutual divorce procedure in Mumbai, Thane and Navi Mumbai?
Procedure for divorce by mutual consent is governed by customs and religion of couple seeking divorce.
Divorce by mutual consent under Hindu Law
Divorce by mutual consent under Hindu Marriage Act, 1955 can be filed by Hindus, Sikhs, Jains and Buddhists after understanding the procedure for divorce by mutual consent in consultation with mutual divorce mutual consent divorce lawyer. Both spouses can hire mutual divorce lawyer who can prepare mutual consent divorce papers under the Hindu Marriage Act 1955. Section 13-B of the Hindu Marriage Act gives provisions for divorce by mutual consent.
Divorce by mutual consent under Muslim law
There is not special provision for mutual consent divorce under Muslim law, however, khulla is considered to be one form of divorce by mutual consent under Muslim law.
Divorce by mutual consent in Christian law
Indian Christian Marriage Act, 1872 is about solemnizing marriages. There are no provisions for mutual consent divorce under Christian Marriage Act, 1872. Most of the people get disillusioned by searching for Christian Marriage act mutual divorce or divorce by mutual consent under Christian marriage act. Divorce by mutual consent under Christian marriage act is just a misnomer. Christians can seek filing of mutual consent divorce papers at Bandra Family Court, Thane Family Court or Panvel District Court under section 10-A of Indian Divorce Act, 1869.
Divorce by mutual consent under Parsi Marriage Act, 1936
Parsi community can seek filing of mutual consent divorce papers under section u/s 32B Parsi Marriage Act, 1936. In Maharashtra mutual consent divorce decree for Parsi can only be sought from the Bombay High Court.
Divorce by mutual consent under Special Marriage Act, 1956
Spouses belonging to different religions and castes can seek filing of mutual consent divorce papers under section 28 of the Special Marriage Act 1956.
Our team of mutual consent divorce lawyers in Mumbai can help filing of divorce by mutual consent by preparing your divorce papers. For more information on filing mutual consent divorce papers kindly call our divorce lawyer in Mumbai number at +91- 8291142435 or click here to contact us.
Procedure for divorce by mutual consent at Bandra Family Court, Thane Family Court and Panvel District Court
The Procedure for filing divorce by mutual consent at Bandra Family Court, Thane Family Court and Panvel District Court is very easy, however, it is advisable to consult and hire mutual divorce lawyer in Mumbai for drafting and filing of mutual divorce settlement agreement and mutual divorce petition.
Taking divorce by mutual consent after consultation with mutual consent divorce lawyer is the best option, as it saves time, emotional trauma and mudslinging.
It is essential that before the presentation of the petition for mutual consent divorce the parties to marriage are living separately from each other for a period of one year under Hindu Marriage Act, 1955; Special Marriage Act, 1954 and Parsi Marriage and Divorce Act, 1936. In case of Indian Divorce Act, 1869 for Christians the period of separation is two years. The said separation can also be under the same roof, but at times it becomes difficult to convince the Court about such type of separation. The petition for mutual consent divorce cannot be filed within one year of the marriage for parties.
Step 1:
Before starting mutual consent divorce, parties must prepare mutual divorce settlement agreement. It is advisable to consult mutual divorce lawyer in Mumbai to settle certain aspects in the mutual divorce settlement agreement on which both parties have to reach mutual consensus. In broad terms the mutual divorce settlement agreement must take care of settlement conditions related to alimony, maintenance, residence, streedhan, child custody, child visitation, child support, distribution of joint property, withdrawal of civil or criminal cases, etc.
Step 2:
Once mutual divorce settlement agreement is confirmed and both parties mutually agree to abide by the terms of the settlement deed. Both the husband and the wife must file first motion through a mutual divorce lawyer seeking mutual divorce together before Bandra Family Court, Thane Family Court or Panvel District Court as per the jurisdiction.
Step 3:
On same day or on give date parties must appear before the Family Court Judge in-person or through video conferencing or through their Power of Attorney holder to verify the contents of first motion of mutual consent divorce petition.
Step 4:
After verification of contents of first motion of mutual consent divorce petition both parties they are sent for marriage counseling before mediator/ marriage counselor. The mediator / marriage counselor make effort to save the marriage of the parties. If parties confirm their decision for dissolution of marriage by mutual consent, the marriage counselor prepares the report and sends the parties back to Family Court Judge for further proceedings.
Step 5:
The Family Court Judge on re-confirmation from the parties and report of mediator/ marriage counselor allows the first motion of mutual consent divorce petition and gives 6 months date for moving second motion of mutual consent divorce petition (also called as cool-off period).
The cool-off period of six months is given to the husband and wife seeking divorce by mutual consent petition to rethink on possibilities of reconciliation. For no waiting in mutual consent divorce in a recent landmark judgment of Re: Amardeep Singh vs. Harveen Kaur, AIR 2017 SC 4417, Hon’ble Supreme Court of India held that the six months cooling off period as contemplated under Section 13B (2) of the Act is not mandatory and can be waived off under certain circumstances at the discretion of Family Court Judge where there is no chances of cohabitation.
Step 6:
The parties to mutual consent divorce petition comply with all the agreed terms and conditions of mutual divorce settlement agreement as per the agreed timelines.
Step 7:
The second motion of mutual consent divorce petition can be filed before Family Court Judge after 6 months and not later than 18 months from date of filing of first motion of mutual consent divorce petition.
Step 8:
On the final date the parties must appear before the Family Court Judge in-person or through video conferencing or through their Power of Attorney holder to verify the contents of second motion of mutual consent divorce petition.
Step 9:
After verification of contents of second motion of mutual consent divorce petition both parties they are again sent for marriage counseling before mediator/ marriage counselor. The mediator / marriage counselor makes last effort to save the marriage of the parties. If parties re-confirm their decision for dissolution of marriage by mutual consent, the marriage counselor prepares the report and sends the parties back to Family Court Judge for further proceedings.
Step 10:
The Family Court Judge on re-confirmation from the parties and report of mediator/ marriage counselor allows the second motion of mutual consent divorce petition and pronounces the judgement thereby dissolving the marriage through mutual consent divorce and the decree is prepared.
Step 11:
The parties to apply for certified copy of judgement and decree.
After pronouncement of judgment for dissolution of marriage, the parties are free to remarry.
Next question arises can mutual consent divorce be challenged ? The answer is No. No appeal lies against mutual consent divorce decree. However if either of party feels that their consent was obtained by force, coercion or fraud they can approach Bombay High Court against the judgement of Family Court Judge.
In case either of spouses withdraws the consent to petition of divorce by mutual consent, other spouse has to file a contested divorce petition to seek divorce on the specific grounds like cruelty, religion conversion by other spouse, desertation, venereal diseases, spouse having renounced the world, etc.
Documentation required from both parties for filing divorce by mutual consent divorce petition
* Both parties must obtain each other's consent with help of mutual consent divorce lawyer.
* Drafting of mutual divorce settlement agreement.
* First motion of mutual consent divorce petition.
* Original Photo-id card (Aadhaar card, Passport, Voter id, etc).
* Address proof (Aadhaar card, Passport, voter-id, PAN card, electricity bill, Affidavit, property document – like Registered Leave and License Agreement or property ownership document).
* Original Marriage Registration certificate.
* Original / Certified Divorce decree of earlier marriage, if any.
* Original Marriage Invitation Card.
* Clear marriage picture of parties.
* 4- 5 passport size picture.
For more information on filing mutual consent divorce petition kindly call mutual consent divorce lawyer at +91- 8291142435 or click here to contact us.