Understand about divorce and mutual divorce:
Mutual divorce: Mutual divorce is governed by Section 13-B of the Hindu Marriage Act, 1955. In mutual divorce, both the parties, husband and wife mutually agree and express their consent to take divorce and want to live separately. The husband and wife have to mutually agree about issues relating to alimony and child custody (if required). Both should be living separately for one year before applying for mutual divorce.
Contested Divorce: Section 13 of the Hindu Marriage Act, 1955 provides the grounds for filing a contested divorce, some of which are, cruelty, conversion, and some others. In this situation, one spouse wants to divorce and the other does not agree to divorce. Those who want to take a divorce- can file a divorce in court on given grounds.
From where you can apply for divorce
A place where the marriage was solemnized.
A place where the wife resides.
Place where the parties last resided together.
If we talk about the mutual divorce process
Following is the procedure to file for mutual divorce in Delhi:
1: First need to draft a petition with the reason for seeking a divorce and both parties mutually agree on it.
2: The advocate will draft the petition and both parties need to sign. File the petition jointly through respective lawyers before the family court, (Mutual divorce in Delhi).
3: After filing the petition, the court will examine the petition along with the documents and will pass an order to record a statement.
4: After that, a cooling period of six months for the parties in the hope of their reconciliation.
5: After completing of cooling period of six months. If there is no reconciliation, both parties need to appear for the final hearing and still want a divorce.
(Parties have to appear for the second motion within 18 months from the date of filing the mutual divorce petition).
6: In the final hearing, the court passes the divorce decree.
Do not take this article as legal advice- in your situation talk to your lawyer.
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