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Procedure For Mutual Consent Divorce
Legal dissolution of a marriage by the Hon’ble Court is known as Divorce.
The duration/time for obtaining mutual consent divorce is six months. However the Hon’ble Supreme Court of India, has waved the six months period in CIVIL APPEAL No. 4490 OF 2016 (in some exceptional cases) in Mutual Consent Divorce.
The spouses who desires to obtain divorce through Mutual Consent, should talk to each other about the future course of action and must come to a conclusion about the children if any and their education, child custody, child maintenance, alimony, financial settlement, etc., and approach the lawyer/advocate for filing the petition in the Hon’ble Court under Mutual Consent Divorce. Accordingly the lawyer/advocate will prepare the draft (petition) as per the terms and conditions agreed by the spouses.
Both the wife and husband must present in the Court of Law at the time of filing the Petition for Mutual Consent Divorce. Both parties must wait for six months (mandatory) and if the disputes are not resolved between them and have to file the separate Affidavits praying the Hon’ble Court to dissolve their marriage and the Hon’ble Court will pass a Decree of Divorce under Mutual Consent, dissolving the Marriage and if the disputes are resolved within these 6 months, both the spouses are at liberty to withdraw the Mutual Divorce Petition.
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