You asked: How can I get divorce from my husband with mutual consent in India?

How long does a mutual consent divorce take in India?

Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

How can I draft mutual consent divorce in India?

Procedure to be followed for a Mutual Divorce.

  1. Step 1: Petition to file for divorce. …
  2. Step 2: Appearing before Court and inspection of the petition. …
  3. Step 3: Passing orders for a recording of statements on oath. …
  4. Step 4: First Motion is passed and a period of 6 months is given before the Second Motion.

Can you get divorce without your spouse signature in India?

The Hindu Marriage Act, 1955 provisions to obtain a decree of divorce without mutual consent. … When one of the parties is not consenting to the divorce, one can file a petition in the Family Court. Such a divorce is known as a contested divorce. The grounds for divorce without consent apply to both – husband and wife.

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How Long Does mutual consent divorce take?

Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.

How do I pay in mutual divorce?

1. There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.

Can mutual consent divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision. … Challenging the decree can only be on these grounds with the help of a good divorce attorney.

How can I get a quick divorce in India?

Step by step procedure in case of Mutual Divorce

  1. Step 1: Divorce Petition to file. …
  2. Step 2: Court appearance and petition inspection. …
  3. Step 4: Between the passing of the first and the second motion a period of six months elapses. …
  4. Step 5: Second Motion and the Final petition hearing. …
  5. Step 6: Divorce Decree.

How do I start the divorce process?

Step by step guide – Applying for a Divorce Order

  1. Step 1: Register for a Commonwealth Courts Portal online account. …
  2. Step 2: Create a new Application for Divorce. …
  3. Step 3: Complete your Application for Divorce. …
  4. Step 4: Get your Affidavit for eFiling Application witnessed. …
  5. Step 5: Upload your Affidavit for eFiling Application.
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What happens if wife Denies divorce in India?

Hi, there is no need to harm yourself. If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court. There are two ways of getting a divorce in the Hindu Marriage Act.

What is divorce by mutual consent?

Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.