This is step-by-step procedure for mutual consent divorce in India:
Consult a Lawyer: Both parties should consult a lawyer who can guide them through the process and advise them on their legal rights and obligations.
Draft a Petition: The lawyer will draft a joint petition for divorce, which will be signed by both parties. The petition should state the reasons for seeking a divorce, details of the marriage, and the terms of the settlement (MoU)
File the Petition: The joint petition for divorce should be filed in the appropriate family court along with MoU. The parties should provide all necessary documents such as marriage certificate, proof of residence, and affidavits.
First Motion: After filing the petition, the parties need to appear in court for the first motion. The court will record the statements of both parties and attempt to reconcile them if possible. The court may provide a six-month cooling-off period.
Second Motion: Petition for Second Motion is filed in the court and parties need to appear in court for the second motion. The court will review the settlement terms, and if everything is in order, it will grant a divorce decree.
Settlement Agreement: Both parties must agree to the terms of the settlement, which may include property division, alimony, child custody, and visitation rights.
Divorce Decree: After the court grants the divorce decree, it will be issued to both parties.
It is essential to note that mutual consent divorce requires both parties to agree on all aspects of the settlement. If there is any disagreement or dispute, then the case will need to be withdrawn and a new contested divorce is filed by either party, and the court will decide the terms of the settlement.
