1. Is it possible to get divorce decree by mutual consent without our parents or anyone else being involved? Will our parents definitely come to know about it before the court decree?

--Without your parents interference you can go to mutual consent divorce.

2. Do we have to wait for our marriage to complete one year before filing the First Motion? Or is there a way we can file the First Motion before that period of one year?

--Yes you have to wait for one year to file divorce petition.  If you are ready to show the ground of impotency of husband, there is no need to wait for one year. You can file right now.  The divorce will be granted under the ground of nullity of marriage.

3. If my wife agrees then is it possible that I won't have to pay any alimony? Or there always will be some?

--If your wife agrees, there is no need to pay permanent alimony. If she raises objection, then you have to pay.

4. Ours is an arranged marriage. So while deciding about dowry items and streedhan, is it mandatory that her parents will be involved by the court? Will her parents also be a party and not just she?

---What ever you know you can state the same in the affidavit. It is sufficient. No need of your parents interference. 

5. Do we have to present evidence of living separately for one year at the time of filing the First Motion or the affidavit from both of us is enough in this regard?

---No need of giving evidence.  Your both statements will be taken in the form of affidavits.  If the facts are found wrong, then you will be punished by the court.

Getting married in Feb 2015 and  deciding for mutual divorce in March. Quite surprising  arranged marriage. By all means U have to wait for a period of one year. Parents should not know about it, ridiculous. I feel if both of U are ok, proper councelling  would save the marriage.

Originally posted by : SAINATH DEVALLA
	Getting married in Feb 2015 and  deciding for mutual divorce in March. Quite surprising  arranged marriage. By all means U have to wait for a period of one year. Parents should not know about it, ridiculous. I feel if both of U are ok, proper councelling  would save the marriage.

Thanks for the suggestion. We have one year of time and that is enough to dwell on it and decide whether we want to continue with the marriage.

These are very complicated matters. And because of these complications sometimes very strange situations arise. Our situation is also one of those strange and rarest situations. We don't want our parents to know before decree because there would be bad blood and an already bad case will become worse. You can understand what I am hinting about knowing Indian laws about marriage, divorce and dowry.

If both of U have decided to get separated so early after getting married, I am not going into the reasons. i was just concerned that U have taken such a decision within one month of getting married. thought marriage councelling  would have sorted out the differences. Well to conclude U have  one year at your disposal.

For divorce under mutual consent the period of separation should be one year preceding the date of petition and it cannot be  from the date of marriage.  Parents consent  is not required for divorce, it is  the party to marriage to decide about the issue including the return (exchange)of articles.  The alimony issue can be decided by the girl herself, she need not consult her parents  provided she is able to take decisions on her own about her future too. In all the probabilities you may have to wait for one year to file a divorce petition. 

If there are chances for reconciliation, better go for it or wait for the time to answer about the developments which may change the prevailing critical situation to a conducive one.

HI,

We have been married for 4.6 yrs...recently we had a child whos is just 5th months old...Offlate we have realised it that we both are not compatible to each other...My husband is not OK with my family...there has always been a problem wherever my parents are at my place...Since he is a brahmin minor ritual problems also arise at times....We have just decided to part ways in mutual consent...I am not sure how much he means it but I really want to get rid of this marriage...Whereas  the child is concerned I want to have the baby but if he ready to give divorce by mutual consent against the custoday of the child I am ok with it...Basically I want to end this marriage...Request your valuable suggestions....Thanks in advance

Sangithaji,

Why don't U post UR query in a new thread

Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by Desertion, cruelty, Adultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

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2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
2. 4-5 recent photographs to be pasted on petition and agreement.
3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

1. Common questions like date of marriage and separation?
2. custody of children?
3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka