Here is the general process of obtaining a mutual consent divorce under the Hindu Marriage Act:
- Filing a Joint Petition:
Both spouses must jointly file a petition for divorce before the appropriate family court. The petition should include details such as the reasons for seeking divorce, the terms of separation, and provisions regarding child custody, alimony, and division of property. - Cooling-off Period:
After filing the joint petition, the court usually imposes a mandatory waiting period of six months known as the “cooling-off period.” This period allows the couple to reconsider their decision and reconcile if possible. The court may waive this period in exceptional circumstances, but it is generally applicable. - Counseling and Mediation:
During the cooling-off period, the court may refer the couple for counseling and mediation. The purpose of counseling and mediation is to provide an opportunity for reconciliation or to help the couple reach an agreement on various issues related to divorce, such as child custody and division of assets. If the couple reaches a settlement through counseling or mediation, they can submit it to the court. - Second Motion:
After the cooling-off period, both parties need to appear in court again for the second motion. During this hearing, the court will review the petition, consider the settlement (if any), and ensure that both parties have mutually agreed to divorce without any coercion or undue influence. If the court is satisfied, it will grant a decree of divorce. - Decree of Divorce:
Once the court grants the decree of divorce, it becomes effective immediately, and the marriage is legally dissolved. The court will issue a divorce decree, which serves as evidence of the divorce.
It’s important to note that the specific procedures and requirements may vary slightly depending on the jurisdiction and the practices of the particular family court. It is advisable to consult with a lawyer or seek legal advice for accurate information based on the current laws and regulations in your jurisdiction.