Mutual Consent

Friend,

You cannot get a divorse, just you both are agree to get separated. as per HMA, there are 8 clauses available as a ground rule. Only if your petiotion fit into this, you can go ahead with the divorse.

Consult with your lawyer along wiht your wife. He will be right person to fit the rule for your case.

mutual consent has a ready made format , just fill it and file it

Tarun replying to your query I submit that court can grant decree of divorce under section 13B of HM Act with mutual consent and you need not to mention reason of your wife affair. but I must submit this thing that no petition can be entertained before the completion of one year from the date of marriage. 

Yes consent requires no reason.

if the divorce is obtained in the US court on the basis of mutual consent, is it necesary to file for divorce in India again. Will the answer be different if the marriage is registered in India also.

I'm not sure if there are different view on this as some people say that even in the case of mutual divorce, the Judge will ask for the reason and just by saying that we both are living seprately for 1 year won't satisfy the clause..........please help.

@ ramabadran 

If the divorce is obtained by mutual consent in US, it is valid in India. It is not necessary to file divorce again in India. Even in cases, where the marriage is registered in India, a mutual divorce obtained in US court is valid. 

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-

(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India

@ Tarun

It is necessary that the period of separation should be atleast one year. Though you have been living separately since 01.01.2010, for the sake of convenience, it can be ante dated so that the case can be filed earlier. However such date can be only after 27.11.2010 and the mutual consent case can be filed only after such date. 

However, it is not necessary to disclose the reason for separation in a mutual consent divorce.