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Thread: What's the procedure to get divorce by mutual consent in India?

  1. #1

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    Hi,

    I need the advice.
    What is the procedure to get divorce in India, through mutual concept.



  2. #2
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    U hav to apply to court with suitable reason.


    Divorce in India is certainly not an easy procedure. The entire process of divorce that starts from coping up with emotional ups and downs to contesting for the long awaited divorce decree for several months is definitely a tough affair to get through. Before opting for a divorce you should be aware of the fact that a divorce procedure in India extents for almost a year and in some special cases of disputes the procedure may continue for years. The long distressing process of divorce will be easier for you to handle if you have a firm determination to get the divorce.

    Due to existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs.

    Divorce procedure in India is based on the following acts.

    * The Hindu Marriage Act, 1955
    * The Parsi Marriage and Divorce Act, 1936
    * The dissolution of Muslim Marriage act, 1939
    * The Parsi Marriage and Divorce Act, 1936
    * The Special Marriage Act, 1956
    * The Foreign Marriage Act, 1969


    With the advancement of time and social awareness, several acts have been passed by the government to make the present day divorce procedure in India more progressive with respect to gender affairs and related sensitive issues. The Muslim Women Act 1986 was passed to protect the rights of Muslim women on divorce. For inter caste and inter- religion marriages the divorce laws are approved under The Special Marriage Act, 1956.

    A contested divorce is filed on the grounds that are mentioned in the acts passed out separately for different Indian religions.



    For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such.

    Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.

    The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage.

    A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. Incase one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.

  3. #3

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    Thanks for reply, Mr. Saurabhwebxprt. Want to know more about disputes regarding maintenance, & all the mandatory requirements regarding devorce.

  4. #4
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    In India, family courts can pass an interim order on maintenance to a spouse when s/he is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.

    Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce.

    The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income.

    For example, if the husband has a take home income of one lac per month and the wife has a take home income of twenty thousand and they have no children in a marriage of 2 years, then the wife can theoretically get Rs.4000 as maintenance. How? The total take home income is one lac and twenty thousand and twenty percent of it comes to Rs.24,000. So, the woman gets Rs.4000 per month, so that her total income (her income+maintenance) becomes Rs.24,000.

    If the couple have a child and the woman has the child custody, then she may get a maintenance amount of Rs.10,000 to Rs.16,000 per month so that her total income becomes Rs.30,000 to Rs.36,000 per month. Apart from that there can also be a judicial order defining the details on how the expenses for high studies of the child are shared. If the child decides to stay with the father after the age of 5, then the maintenance amount to the woman gets reduced accordingly.

    If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.


    Similarly in a marriage of six months, if the wife is not working, but she has a masters degree and the husband has a monthly take home income of rupees one lac, then she may get a maintenance amount between Rs.8,000 to Rs.12,000 per month. Why? Because the argument would be that she has the capability to work and support herself.

    Sometimes, the wife is also ordered to pay maintenace to the husband when the husband has a very small or no income compared to his wife’s income. In recent past, such orders are passed by high courts in Cuttack and Lucknow much to the annoyance of some feminists and media. But, laws have to be the same irrespective of gender. Is not it?

    So, economically empowered women do not get maintenance or they may even have to pay maintenace to their husbands in case of divorce.

    The maintance amount can get higher if its a long marriage. The parents can also claim maintenace from their grown up earning children. Even though, it is not clear, if they can claim maintenance from their earning daughters as today daughters have equal property inheritance rights.

    It must be noted that neither the husband nor the wife can make claims on the property(residential or otherwise) of the other during divorce. So, some intelligent men make sure to get residential property registered only in their name, when they apply it through a bank loan. But, most other foolish men (being misguided by the builders) register the property in joint names, while its the man who pays fully for the bank EMIs. In case of marital conflict and divorce, the condition of such men becomes extremely miserable as they are already under a debt of rupees 20 lacs to 30 lacs and the wives make a claim on it apart from the maintenace they may get in the court. I know, some other men asking their working wives to pay for half of the property and loan so that the property can be registered in both names. These wives sometimes start complaining that he is asking dowry as they feel its only a man’s duty to provide for the family and the common expenses.

    A woman or man stops getting maintenance from his/her spouse once s/he gets remarried unless they have a child. So, often women ask for a one time out of court settlement (or alimony) in stead of divorce. The man may agree to it or he can decline to it saying that he would prefer to give monthly maintenace.

    For young guys (say techies within age group of 25 to 30) in marital conflicts, the maintenance amount given to their non working wives can be between Rs.2000. to Rs.7,000 (if they earn a salary between Rs.18,000 to Rs.50,000) provided they have no children.

    So, often lawyers advise the women to file false dowry cases, so that the woman can force the guy to pay up a huge settlement/alimony (out of the court) in stead of going for a monthly maintenance. A monthly maintenance of Rs.3000 is in no way comparable to an one time alimony of Rs.10 lacs. But, the guy becomes bankrupt in such a situation as he ends up not only losing all his savings, but also takes loan from family and friends. He not only pays the alimony, but also ends up spending time in jail with his family, loses reputation, may be even the job, pays bribes to the police to stop harassing his family and the huge legal expense for bails and fighting the multiple cases. There is no way he can think of marrying again as he simply has no money to pay for even the marriage expenses. Of course, the painful experience can also keep him miles away from the very word marriage. On the otherhand, the woman’s dowry case is fought by the public prosecutor(ie. the lawyer from the State paided by the taxpayer’s money).

    Its is alleged by some that the lawyers of both sides may also profit from this kind of a settlement. Its not at all surprising, if a husband finds himself cornered by his own lawyer, who keeps on pestering to go for a settlement, pay alimony, marry another girl (immediately) and live happily ever after.

    The child is an important factor in a marital conflict, especially when the child is below the age of five. Fathers have natural right to child visitation. But, women can often evade the instructions/law and deny child visitation rights to the fathers. I have seen such fathers being allowed to meet their children once in a week or two just for an hour in the family court complex in Bangalore as in the police keeps dragging chained criminals into the vehicles in the background.

  5. #5

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    Again thanks for the reply.

  6. #6
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    Divorce by mutual consent will go easy if the girl is petitioner and boy is respondant. It is best through Lok Adalat or Family court. It may take 5 to 6 months. The divorce case begins with the respondant receiving the petition at least twice, goes forward when the boy gives money by DD's to the Girl for maintenance, via the court. The boy has to bear the expenses for the lawyers.

  7. #7
    [quote=mpat29]Hi,

    I need the advice.
    What is the procedure to get divorce in India, through mutual concept.[/quote]
    For divorce by mutual consent the parties, i.e. husband and wife file a joint petition and I advice for going to ONE lawyer for this purpose. This cuts the litigation expenses and saves lots of hassles for both.
    Both parties have to file affidavits stating that they had been staying separately for more than one year. Under exceptional circumstances, court can grant divorce before this time limit also.
    There are 2 motions and the intervening period is 6 months which, depending on the facts of particular case, is generally waived off when separate application is filed before the court. So, in that case the entire process practically takes not more than 2/3 weeks.
    Regarding alimony, stridhan, custody of children, all differences are sorted out between the parties before filing the petition AND THE SAME BECOMES A PART OF THE PETITION ITSELF.

  8. #8

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    I am from himachal and working in mumbai and i want the divorce from my wife as my marriage was under the pressure of my family. I married to her in feb 2004. Since taht period i am not staying with her, only for few months i stay with her. I do not have any any intimate relation with her. Also wife and as well as my parents does not know where i am living in these days as i have not contact them since almost one year.Pls advise how i get the divorce from her as i am always in tenstion and living very scary

  9. #9

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    Hi I need advice on this subject, i am doing job out of country what is the procedure to go for a mutual settelment,also my wife is earning a take home of 30k/M.Is she eligble for mentainace.

  10. #10

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    hi, am Hindu brahmin. i was married on 13dec08, we dont have any issue like child. my wife live away from me from last 2 months. during the period of 7 to 8 months i realize that she have prob. of pains in half head and get out of control, and she and her father also agree that she have such prob. before the marriage also (it's a kind of disease like seviour pain in brain). but they keep hide this from me and all my family member. I consult regarding to this a doctor they says that its a seviour attack of migraine. Till date i never enjoy a normal married life. On this ground can i get divorce? coz i dont have any paper evidence to prove that she have above mentioned prob. if it is possible to get divorce then kindly let me know the procedure in details. reply me only on [email]charu_charucharu@yahoo.com[/email] dated 25.11.09

  11. #11
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    Are you totally Insane....

    Migraine has nothing to do with any type of problem in married life and this is nothing to hide...
    It is a severe pain in head and that does not mean that the person is abnormal or anything...

    If you are a little educated then you would know 85% women suffer from Migraine due to hormonal changes in a female body... Some ladies develop it after marriage or after pregnancy... But some have it from the time they start to get thr Periods...

    I suggest gv a divorce to ur wife on any other basis and marry a Guy so that u will not find any problem like that...
    But don't tell anyone that u want to divorce her bcoz of her migraine otherwise they will all laugh on you...

    But then Guys also suffer from migraine sometimes... What would u do then...



    @ All other guys & girls...
    I can't control my laughter; After sometime he will say that he wants a divorce bcoz his wife get periods and He is not able to enjoy his married life for 5-7 days in every month...
    hahahahahahaahhaha :-P

    Mujhe plz maaf karna sab but mujhe bahot hansi arahi hai.... :-D

  12. #12
    Hi i was married on June 17th of this year, when we were getting married my inlaws told us that the lady is a Graduate, which i came to know after two months of my marriage that she is just class seven Pass, she also has had sexual relationships with a guy, and she admits to that , i also have all the documents related to it . Her Ex boyfriend has sent me all the papers and also the photographs related to their relations, my inlaws and her ex boyfriend have had legal cases against each other, and this was because of her, she knows about it and she agrees to the same, i want to divorce her and we are ready for a mutual consent divorce, her parents have threatened us that they will kill us if i leave her,

    our heads do not match , i dont speak to her , she dosent speak to me , i come home have my food and sleep, she stays at home , coooks food eats, in the same time she has stopped calling her parents and she talks to my parents , we are ready to mutually divorce each other. we will filing a case in August bnext year, i wanted to know how to go about it and also what to do so that her parents do not harm us and i also dont want them to hurt her, as we are from a bohari background and situation in our society is really bad. so it will be difficult to keep her safe after our divorce.

  13. #13
    > Rakweshpandey wrote:

    > Hi i was married on June 17th of this year, when we were getting married my inlaws told us that the lady is a Graduate, which i came to know after two months of my marriage that she is just class seven Pass, she also has had sexual relationships with a guy, and she admits to that , i also have all the documents related to it . Her Ex boyfriend has sent me all the papers and also the photographs related to their relations, my inlaws and her ex boyfriend have had legal cases against each other, and this was because of her, she knows about it and she agrees to the same, i want to divorce her and we are ready for a mutual consent divorce, her parents have threatened us that they will kill us if i leave her,

    our heads do not match , i dont speak to her , she dosent speak to me , i come home have my food and sleep, she stays at home , coooks food eats, in the same time she has stopped calling her parents and she talks to my parents , we are ready to mutually divorce each other. we will filing a case in August bnext year, i wanted to know how to go about it and also what to do so that her parents do not harm us and i also dont want them to hurt her, as we are from a bohari background and situation in our society is really bad. so it will be difficult to keep her safe after our divorce.

  14. #14

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    Hi...I am not sure whether this thread is live on not. But please reply if you have answer to my query.


    How one can avoid the span of six months between first and second Motion Petition for Mutual Consent Divorce. I googled it and all it says that if all parameters satified. What exactly needs to be fulfilled? I also read that we can shrink the processing time till 2-3 weeks. How can I achieve this?

    Please help. I am in great need.

  15. #15

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    @ saurabhwebxprt : thanks for the information, it was very detailed and informative,

    @ swetas: stop criticizing people in the forum, its just a forum, we are talking about a topic, if you feel that "GUYS" asking for a divorce have not thought about enough, please keep the frustration for urself and dont vent it out on those poor guys in the forum, where they would have come refuge to get some HELP!

    And for your information, please look up the symptoms on bi polar disorders on line, living with a BPD women is itself a hell! they are completely out of control, you will want to think twice before criticizing that poor guy again! if you have a solution only then reply, WE ARE NOT INTERESTED IN YOUR PERSPECTIVE OF DIVORCE/IDEAL MARRIAGE!

  16. #16

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    Hi, if your primary reason for asking divorce is that she had an affair and is less qualified than mentioned on the pack before buying, i would suggest you to reconsider it, just put your thoughts in pros and cons and ask yourself what is that you really expect out of your "wife"? it seems to me that she is a honest women who likes you and likes to take care of you... and all i can say is, this wont be a guarantee in your next marriage!

    > Rakweshpandey wrote:

    > > Rakweshpandey wrote:

    > Hi i was married on June 17th of this year, when we were getting married my inlaws told us that the lady is a Graduate, which i came to know after two months of my marriage that she is just class seven Pass, she also has had sexual relationships with a guy, and she admits to that , i also have all the documents related to it . Her Ex boyfriend has sent me all the papers and also the photographs related to their relations, my inlaws and her ex boyfriend have had legal cases against each other, and this was because of her, she knows about it and she agrees to the same, i want to divorce her and we are ready for a mutual consent divorce, her parents have threatened us that they will kill us if i leave her,

    our heads do not match , i dont speak to her , she dosent speak to me , i come home have my food and sleep, she stays at home , coooks food eats, in the same time she has stopped calling her parents and she talks to my parents , we are ready to mutually divorce each other. we will filing a case in August bnext year, i wanted to know how to go about it and also what to do so that her parents do not harm us and i also dont want them to hurt her, as we are from a bohari background and situation in our society is really bad. so it will be difficult to keep her safe after our divorce.

  17. #17
    I have been cheated:-(

  18. #18
    Hello!

    I am a married guy from pune and i love some other girl. The girl also loves me...we are in love for the last six years but the problem we are married to different people... we both got married to just 3 months back and now we want divorce from our partners and get married.

    Can the professionals guide us pls?
    we want to be together as early as possible.

  19. #19

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    HI,

    It has been a comeback for me to this website. I remember last year around same period I was searching the website on 'Court Marriage Procedure in India, Under Special Marriages Act. It helped me a lot then. I got Married and I was so happy without knowing that my marriage will soon face a twist in my life.

    After 8 months of my marriage, I am again here and this time not get ' Procedure for DIVORCE in India, under Special Marriage act.I have been the live example of life cracks joke on you when you expect happiness & peace in your married life.
    After 8 months she says she cant stand with me to make her parents understand that we love and married to each other. She found divorce and termed our marriage as her mistake. Where did I went wrong? For her I didnt thought about my carrer, I only thought for her & in when I am completely dependent on her to stand with me she shoing me back.

    I have asked to rethink about this, I was not doing timepass with her, I have married to her. She still says for divorce.

    Friends I am completly lost & need your help in this matter. Kindly help me. M from Thane. How I should tackle this??? :-(

  20. #20
    HI I need advice,
    I was married only for 5 days after which me and my wife got separated for the most wrong reason in the world which was an Ego problem between me and my inlaws which was not even using of any filthy languages but speakin harshly to my inlaws abt something that I did not like.

    Since that day I have not been allowed to stay with my wife, and my wife also doesnt want to stay with me due to all kind of fear of being murder, harrasment ETC ETC God knows what all that has been put into her mind by her parents(specially her MOM) as I stay in south india due to my work though i belong from bengal.After that incident though i tried to met her the next day i was not allowed to do so as even my wife was angry for speaking rudely to her father) and neither picked up my call or replied to my SMS for more than a month. after that I spoke to her couple of times ovr the phone and told her to come down to the place where i stay, but she again kept quiet and finally after 5 months said that she can not continue with the mariage and wants mutual divorce. After thati met her and her entire family in person trying to make her and them understand that things can still work out as marriages should not be broken due to an family EGO prob but their attatude remains the same.

    My question is , is there any law or way i can make (in a way force my wife to stay with me so tht rather than being a dumbo she understands the importance and the difference living uto arelation ship and breaking it up(she is a little dumb and mostly or rather only listen to her parents).



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