How to obtain mutual consent divorce

Dear Sameera,  For getting divorce by mutual consent,  the necessary condition is husband and wife and living separately for one year.  Both have to present the joint petition before the court stating that because of difference in attitudes, temparaments and life style, it is not possible  to continue the marriage further and both have jointly decided to take divorce by mutual consent.  This application is required to be supported by the affidavits of husband and wife.  After filing of the application court will fix the date for hearing after 6 months.  This is a mandatory period and before expiry of 6 months, the court will not take the hearing.  For making the petition, the documents required are proof of marriage, residential proof of both husband and wife, ration card of husband on which the name of wife is appearing if available and photographs taken at the time of marriage.  It means that within a period of one and half year, mutual divorce can be obtained from the court.  If you want any other information, please write to ddkharpudikar@indiatimes.com.  Regards.  Deepak.

The period of six months from the date of presentation of application for divorce by mutual consent can be condoned and divorce can be applied within presentation of few days and ruling to this effect has been delivered by Chennai High Court.

Six months period can be waived only in certain special cases wherein husband and wife are living separately for years and the marriage is practically broken down.  Also in other cases, where divorce petition is filed and during the course of proceedings, it is converted into one with mutual consent, then this 6 months period is counted from the date of filing of application and in that case, it is accordingly curtailed.  In all other cases, it is mandatory.

As far mumbai is concerned...following is the procedure...1) prepare petition and annexed required documents as mentioned by Adv Deepak i.e marriage certificate,marriage photo etc. and file it in the court. 2) they give  us date to remove the objections if any in petition at least a weeks date 3) on that  day we should remove the objections if any 4) on same day counsellor counsel both husband and wife...5) nextt date hearing is after six months reason is settlement betwn parties may be possible 6) after six months they call both parties and judge record eveidence of both parties and send them to counsellor again 7) aftr counselling counsellor send report to judge 8)thn judge pass decree of divorce 9) apply for 2 certified copies of jdment and decree and pay amt 10) after 1 month u will get copy...thn after 1 month u can asked for ur doc also....Adv Amita Virkar