How to File Mutual Consent Divorce in Gurgaon Haryana is explained in detail.

To get the Divorce by a married couple can be done by two ways:

1. MUTUAL CONSENT DIVORCE

2. CONTESTED DIVORCE

MUTUAL CONSENT DIVORCE

Mutual consent divorces are those where both husband and wife agree to the divorce. It is a physically and mentally demanding procedure, but it is much simpler than the long-drawn litigation that follows when there is no consent from either spouse. The provisions for divorce by way of mutual consent are contained under Section 13 B of the Hindu Marriage Act. This article aims at providing information to the litigant/layman who is seeking information on the legal aspects of mutual consent divorce and also explains in detail the procedure involved in obtaining a decree of divorce by way of mutual consent. Both the parties to the marriage i.e. the husband and wife can file a joint petition under Section 13-B of the Hindu Marriage Act for grant of decree of divorce by mutual consent.

The Divorce through Mutual Consent is the best and easiest way out to get divorce for the married couple. This method of divorce is where both husband and wife jointly file petition for divorce. A joint divorce petition is filed by the couple intending to seek divorce. The couple need to hire a lawyer for getting the divorce procedure done in the family court.

Before contacting the Divorce Lawyer, couple need to first finalise the terms and conditions on which they agree to get the divorce done amicably and mutually. Once the couple agrees on the certain terms and conditions related to Alimony, Child Custody etc. need to contact the divorce lawyer and provide him with all the relevant details.

After seeking inputs from the divorce lawyer related to legalities involved in finalising the agreed terms and conditions, Divorce Lawyer will file a petition in the District Family Court.

The pre-condition to proceed for the Mutual Divorce is that the husband and wife should have been living separately for at least 1 year and have mutually decided to end their marriage.

After the petition is filed the court gives a six-month cooling off period before the grant of mutual divorce decree.

Now the important question after agreeing on the terms and conditions of the mutual divorce is the documentation required by the Diovrce Lawyer for preparing the mutual consent divorce petition to be filed in the family court.

The list of required documents for preparing mutual consent divorce petition are:

* Personal information (birth, family members etc.)

* Address proof of husband

* Address proof of wife

* Marriage Proof - Marriage Certificate Or Marriage Photographs

* Aadhaar card of Husband and Wife

* Children Details (if any)

* Proof of Jurisdiction of filing divorce petition - It can filed at the place of marriage, where the wife resides or works or where the parties to the marriage last resided together.

Divorce by Mutual Consent is primarily divided in two stages;

First Motion & second Motion.

Time gap/cooling period of minimum of 6 months & Maximum of up to 18 months is mandatory.

During both First Motion & Second Motion, Statements of both Husband & Wife are recorded before the District Family Court Judge, to the effect that they have moved the mutual consent divorce petition out of their own free will and without any force or undue influence from any person. Both the parties are also required to sign their statements made before the Family Court Judge. To the satisfaction of the Court regarding the above, an appropriate order is passed and the Firrst motion of the mutual consent divorce proceedings would come to an end. The District Family Court Gurgaon then fix a date of atleast after 6 months, which is also termed as the ‘cooling off period’, after which the joint statement for second motion is recorded.

If joint statement for second motion is not made within the period of 18 months, then the court will not pass the decree of the divorce. In the event either party withdraws the divorce petition within 18 months of the filing of the First Motion Petition or refuses to make joint statement for Second Motion and if the concerned party continues to refuse consent to the Mutual Consent divorce petition, the court no longer has the right to grant a divorce decree. The law is well settled that either of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

CONTESTED DIVORCE

A contested divorce occurs when a couple cannot agree on the issues involved in the dissolution of their marriage. Because of this, they go to trial and the judge decides the issues in the divorce. Contested divorce is the most expensive, most contentious and longest type of divorce process available. Contested Divorce, also known as One-Sided Divorce, occurs when one party is willing to dissolve the marriage, but the other party is not. The decision to separate is not mutually agreed upon by both parties. This type of divorce takes place when one spouse has grounds for separation and the desire to end the marriage. In a contested divorce, both parties will hire separate lawyers to represent their interests and contest against each other in court.

Grounds for Contested Divorce: Understanding the Basis for Separation

As per Section 13 of the Hindu Marriage Act, 1955, there are various grounds on which a Contested Divorce can be filed in India. These include:

Adultery: When one spouse engages in sexual relationships outside of the marriage.

Cruelty: When one spouse causes harm, annoyance, or disturbance to the other, leading to problems in the relationship.

Desertion: When one spouse willingly and knowingly abandons the other without any justifiable reason and with no intention of returning.

Conversion: When one spouse forces the other to convert to another religion.

Mental disorder: When one spouse is suffering from any kind of mental disability.