A mutual consent divorce in India is a process where both parties agree to end their marriage without the need for a prolonged legal battle. Under Indian law, a mutual consent divorce can be obtained in as little as six months, provided that certain conditions are met.
To obtain a mutual consent divorce in India, the following steps must be taken:
- Both parties must file a joint petition for divorce in a family court.
- The petition must state that the parties have been living separately for a period of at least one year and that they have mutually agreed to dissolve the marriage.
- Both parties must appear before the court and confirm that they have mutually agreed to the divorce.
- The court will grant a six-month cooling-off period during which the parties may change their minds and reconcile.
- If the parties do not reconcile during the cooling-off period, the court will grant the divorce.
It’s important to note that before filing a mutual consent divorce, both parties should be in agreement on the terms of the divorce, including issues related to child custody, alimony and the division of assets.
It’s also important to note that under Indian law, before filing a mutual consent divorce, both parties should be living separately for a period of at least one year.
It’s also important to note that in India, divorce by mutual consent can be granted only after the couple has lived separately for a year.
It’s also important to note that mutual consent divorce proceedings can be withdrawn by either party at any time before the final decree of divorce is granted.
It’s important to seek legal advice before proceeding with a mutual consent divorce in order to understand the legal process and to ensure that all requirements are met.