How to File Mutual Divorce in Lucknow: A Comprehensive Guide | Procedure, Conditions, Laws

Before diving into finding the best mutual divorce lawyer in Lucknow, let’s quickly go through the process of filing a mutual divorce in a laid-back way:

Obtaining a divorce decree through mutual consent is considered the simplest way to proceed with a divorce in India. The family court, located at Wala Qadar Rd, DM Compound Colony, and Roshan Ud Daula in , grants a mutual divorce in Lucknow  when both the husband and wife mutually agree to the divorce.

How To File For Mutual Divorce In Lucknow

Divorce can be a difficult experience within a marriage. It is important to prioritize one’s physical and emotional well-being, which may mean ending relationships that are harmful. In India, mutual consent divorce is now more accepted, and individuals are increasingly opting to leave unhappy marriages in order to pursue healthier and more fulfilling partnerships as they become more aware of their unhappy circumstances.

What is the procedure for a Contested Divorce in India?

What Are The Conditions To file For A Mutual Divorce

As per Section 13B of the Hindu Marriage Act, 1955, the following conditions must be met to file for a mutual divorce.

1. Both spouses must live separately for at least one year.
2. Both spouses feel that they cannot live together.
3. Both the husband and wife mutually agree that their marriage has collapsed
4. Both parties agree to comply and file jointly for a mutual divorce without any undue influence

Advantages of Mutual Divorce:

• No need to provide reasons for divorce
• Maintains privacy and avoids airing personal matters publicly
• Quick and cost-effective process
• If all the submitted documents meet the requirements, the hon’ble court grants the divorce without any delay.
• Provides a peaceful way of obtaining a divorce

The Documents Required for initiation of Mutual Divorce Process:

• Marriage card
• Marriage certificate
• Passport 4 Passport size Photographs
• Address Proof – Husband and Wife.
• Four Photographs of Marriage.

Prior to initiating divorce proceedings through mutual consent, it is essential to address and document important matters in a Memorandum of Understanding (MoU). These issues include:

• Alimony/Maintenance: If one partner is unable to meet their daily expenses, the other partner agrees to provide a one-time settlement amount. This amount is typically paid in one or two installments, depending on the mutual understanding between the husband and wife.
• Settlement of Property and Assets: The ownership rights of property and assets between the spouses are determined and resolved in the MoU.
• Child Custody: The MoU specifies which partner will be granted custody of the child or children following the divorce.
• Pending Litigation: If there are any ongoing legal disputes or litigation between the spouses, these matters must be settled and documented in writing before proceeding with the mutual consent divorce.

It is crucial to carefully consider and address these important issues in the MoU to ensure clarity, fairness, and mutual agreement between both parties involved in the divorce.

First Step towards mutual consent divorce

It is important for spouses to engage in open and honest communication about their future together. If both partners come to the mutual realization that their marriage is no longer sustainable, they should strive to alleviate the tension that surrounds them. They should acknowledge and accept that their marriage has reached a point of breakdown. It is crucial to overcome the fear of societal judgment and recognize that the husband and wife are the ones who truly understand the complexities of their situation.

Custody of Child in Mutual Divorce in Lucknow

In cases where children are involved, it is crucial for the spouses to collaborate and come to a decision regarding the custody of their children and visitation rights. They should engage in discussions about interim custody arrangements during school breaks, such as summer and winter vacations, as well as other holidays. It is important to recognize that both parents are equally capable of taking care of the children. The determining factor should be the understanding and agreement reached between the parties involved. The option of joint custody or shared parenting can be considered as part of the mutual consent divorce process. This approach can help prevent unnecessary suffering for both parents and children involved.

Financial Settlement in Mutual Consent Divorce

Another crucial aspect to consider is the financial settlement. This encompasses various elements such as alimony, maintenance, the division of property, educational expenses, higher education costs, marriage expenses for children, stridhan (gifts given to the wife), joint investments, joint accounts, and more.

Laws Governing Mutual Divorce:

In India, different personal laws apply depending on an individual’s religion, which determines the governing laws for marriage and divorce procedures. Here is an overview of the applicable laws:

• The Hindu Marriage Act, 1955: This applies to individuals belonging to Hindu, Sikh, Buddhist, and Jain religions.
• The Special Marriage Act: This applies to couples who have opted for a court marriage or those belonging to different religions.
• The Divorce Act, 1869: This applies to individuals belonging to the Christian religion.
• The Muslim Marriage Act, 1939: This governs the laws related to marriage and divorce for Muslim couples.

Each of these laws has its own set of provisions and procedures that regulate marriage and divorce within the respective religious communities.

The following Acts and sections pertain to mutual divorce proceedings:

1. Hindu Marriage Act, 1955, Section 13B: Grants both husband and wife the right to seek dissolution of their marriage through Mutual Consent Divorce.
   • The petition for dissolution can be presented jointly to the family Court by both parties.
   • Grounds for the petition include living separately for one year or more, inability to live together, and mutual agreement to dissolve the marriage.
   • A motion can be made by both parties within six months from the date of the petition, not later than eighteen months, for the court to pass a decree of divorce if the petition is not withdrawn.
   • The court conducts necessary inquiries, hears the parties, and if satisfied with the averments in the petition, passes a decree of divorce effective from the date of the decree.
2. Special Marriage Act, 1954, Section 28: Provides for Divorce by mutual consent for couples who have registered their marriage under the Special Marriage Act.
   • Applicable to inter-religion marriages and court marriages.
3. Divorce Act, 1869, Section 10A: Enables couples married under Christian laws to obtain a mutual consent divorce.

The essential prerequisites for mutual divorce include the following:

• Husband and wife must have been living separately for a period of one year.
• For Christians, a two-year separation is required.
• During the separation period, there should be no congenial relationship between the spouses.
• Both husband and wife must mutually agree to the desire to dissolve their marriage.

How Much Time Does It Take Place To Get Final Divorce By Way Of Mutual Consent?

According to Section 13(B) of the Hindu Marriage Act, 1955, the process of obtaining a final divorce decree through mutual consent involves two motions. The first motion occurs when both parties, after at least one year of separation, appear before the family court to seek divorce through mutual consent. During this motion, a joint statement is made under oath.

Once the first motion is approved by the family court of Lucknow, a mandatory cooling-off period of a minimum of six months is imposed. This period allows the parties to attempt reconciliation and potentially live together as a married couple again if they choose to do so. If reconciliation fails within the six months, both parties can proceed with the second motion by filing a petition for divorce with mutual consent.

During the second motion, another joint statement is made under oath. Upon signing these joint statements, the family court grants the final decree of divorce. Hence, it is important to note that a minimum period of six months is necessary to obtain the final decree of divorce through mutual consent.

Can Mutual Consent be Withdrawn?

Regarding the withdrawal of mutual consent, either the husband or the wife can withdraw their consent before filing the second motion petition. However, misuse of the first motion for personal gain has been strongly discouraged by the courts. The Hon’ble Delhi High Court, in the case of Rajat Gupta vs Roopali Gupta in 2018, held that withdrawing consent after the recording of statements in the first motion may lead to contempt of court proceedings against the party at fault.

Who is eligible to get alimony?

Section 25 of the Hindu Marriage Act addresses the provision of permanent alimony by the court to either the wife or the husband for their support and maintenance. Even if the wife is employed, if there is a significant difference in the net earnings between her and her husband, she may still be awarded alimony to ensure she can maintain a similar standard of living. In cases where the wife does not have an income, factors such as her age, educational qualifications, and ability to earn will be considered to determine the amount of alimony. Additionally, if the husband is disabled and unable to earn while the wife is employed, the court may grant alimony to the husband.

How is alimony calculated?

When it comes to calculating alimony in India, there is no fixed formula or rigid rule in place. The amount of alimony that a husband is required to provide to his wife can be determined based on various factors. Alimony can be awarded in the form of periodic monthly payments or as a lump-sum amount.

In the case of monthly payments, the Supreme Court of India has established a benchmark where 25% of the husband’s net monthly salary is often considered as an appropriate amount to be granted to the wife as alimony. However, it’s important to note that this benchmark is not a strict rule, and the actual amount can vary depending on the specific circumstances of each case.

On the other hand, there is no specific benchmark for determining the amount in the case of a one-time settlement. Generally, the amount for a lump-sum settlement falls within the range of 1/5th to 1/3rd of the husband’s net worth. The exact amount is determined based on various factors, including the financial capacity of the husband and the needs of the wife.

It’s crucial to consult with legal professionals to understand the specific guidelines and considerations relevant to each individual case, as alimony decisions are made based on the unique circumstances and discretion of the court.

 

How to File a Divorce Case in Lucknow – Expert Advice from Best Divorce Lawyer

 

Procedure to File Mutual Consent Divorce Petition:

1. Filing the Joint Petition:
   • File a joint petition in the family courtof Lucknow.
   • Mention the correct jurisdiction in the petition.
   • State that both parties are unable to live together and have mutually agreed to dissolve the marriage.
   • Declare that they have been living separately for a period of one year or more.
   • Ensure that the petition is duly signed by both parties.

First Motion

2. Presentation of the Mutual Petition:
   • Respective lawyers present the mutual petition before the judge.
   • The court critically examines the documents and the petition.
   • The judge may direct the court to record the statements of the parties.
   • Both parties sign and give thumb impressions on the petition.
   • Party statements are recorded on oath and submitted to the judge.
   • The court grants the first motion.

Cooling-Off Period

3. Six-Month Cooling-Off Period:
   • After the completion of the first motion, a cooling-off period of six months is given.
   • This period allows the couple to reconsider their decision.
   • If they agree to reconcile and cohabitate, they can appeal to the court to cancel the mutual divorce petition.

Second Motion:

4. Filing the Second Motion:
   • After six months or at the end of the cooling-off period, if both parties still desire to proceed with the divorce, they can file for the second motion.
   • The second motion can be filed between six to eighteen months after the first motion.

Final Hearing:

5. Second Motion/Final Hearing:
   • Both parties appear before the family court for the final hearing.
   • They record their statements regarding the divorce.
   • The court examines if all matters related to alimony, child custody, maintenance, and property have been amicably settled.
   • The court grants the decree of divorce.

Non-Appealable Decree:

6. Finality of Mutual Divorce:
   • Once the court grants the divorce decree in mutual consent, it cannot be challenged or appealed in a higher court at a later date.
   • The decree is considered final and binding.
   • Mutual divorce is a consenting decree of divorce.

 

Revised Divorce Laws in India – 2023 Amendments to the Hindu Marriage Act

In 2023, India made substantial changes to divorce procedures within the amended Hindu Marriage Act. These alterations hold significant importance for the Hindu community, expanding the grounds for divorce and redefining crucial aspects of the process.

Expanded Grounds for Divorce

The amended laws now include broader reasons for divorce, such as adultery, mental or physical cruelty, desertion, conversion, and the irretrievable breakdown of a marriage. Unlike the previous legislation, which primarily focused on physical violence and harassment as forms of mental cruelty, the updated regulations encompass a wider range of actions, including financial neglect and obstructing child access.

Reduced Duration for Desertion

The duration required for desertion before seeking divorce has been reduced from 2 years to just 1 year, enabling couples to initiate divorce proceedings sooner.

Mutual Initiation for Divorce based on Adultery

A significant change allows both partners to initiate divorce proceedings based on adultery, broadening the scope from being solely the prerogative of the betrayed spouse.

These rules specifically impact Hindu marriages, while different religious communities maintain their own distinct divorce regulations. The long-term effects of these amendments are yet to be observed, but they are anticipated to reduce conflicts during divorces and provide more options for those seeking legal separation.

Elimination of the Mandatory 6-Month Rehabilitation Period (no waiting in mutual consent divorce!)

Recent legal amendments have eliminated the compulsory 6-month rehabilitation period for couples seeking divorce. Originally intended to offer couples an opportunity to reconsider and mend their marriage, this waiting period has been deemed unnecessary and unproductive in certain situations where reconciliation is unfeasible.

Under the new rules, the court now has the discretion to decide on a case-by-case basis whether to impose the six-month waiting period. The court will consider the unique circumstances of each case before determining whether an immediate divorce is more suitable or if a six-month period could facilitate reconciliation efforts. This change offers more flexibility in the divorce process, enabling individuals dealing with serious relationship issues to make informed choices about their future without rigid regulations constraining their decisions.

When pursuing mutual divorce proceedings, it’s crucial to engage a proficient lawyer, particularly one specializing in mutual divorce cases. Seek guidance from an experienced and proficient divorce lawyer in Lucknow to navigate the mutual divorce process smoothly. For the best mutual divorce lawyer in Lucknow, consult with Advocate Vaibhav Anand, who offers free legal advice. It’s wise to have a seasoned lawyer provide insights tailored to your unique situation, even if you plan to represent yourself. You can benefit from hassle-free mutual divorce services in Lucknow by engaging Advocate Vaibhav Anand, ensuring a seamless process from consultation to obtaining the mutual divorce decree from the Court. For those specifically in Gomti Nagar, Lucknow, consult with the top-tier mutual divorce lawyer in Gomti Nagar for expert guidance and representation.

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