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Mutual Divorce lawyer in India : Expert help by LLC Mutual Divorce Law firm

Mutual Divorce lawyer in India : Expert help by LLC Mutual Divorce law firm

Eligibility: Mutual divorce can be sought by couples who mutually agree to end their marriage. They need to have been married for at least one year before filing for divorce.

Grounds for Mutual Divorce: The couple should cite ‘irretrievable breakdown of marriage’ or other reasons agreed upon. For instance, mutual consent, differences irreconcilable, etc.

Filing a Petition: Both spouses need to jointly file a petition for mutual divorce in the appropriate family court. The petition should include terms of separation, like custody of children, division of property, alimony, etc.

Mandatory Waiting Period: After filing the petition, there is a mandatory cooling-off period (usually six months) during which the court aims to reconcile the parties. Post this period, if they are still convinced about the divorce, the court grants the divorce.

Final Hearing and Decree: The court schedules a final hearing, where both parties need to be present. If everything is in order and the court is satisfied, a divorce decree is granted.

Fee for mutual divorce proceedings, where both parties share the financial responsibility equally. Total fee for a mutual divorce case for Indian residents is Rs. 35,000, payable in three installments. For NRIs, the mutual divorce case fee is Rs. 50,000, also to be paid in three installments.

Payment Structure:

For clients who are available in India for Court Proceedings  : We charge a fee of Rupees 35,000 which is to be paid in 3 parts:

  • ₹ 5,000 for Mutual Divorce Petition
  • ₹ 15,000 for First Motion
  • ₹ 15,000 for Second Motion

This total fee of Rupees 35,000 is inclusive of everything and we represent both parties (husband and wife) in court, within this fee. Each party contributes ₹17,500 in total.

NRI MUTUAL DIVORCE :  For clients who are not available in India for Court Proceedings : Fee of Rupees 50,000 which is to be paid in 3 parts:

  • ₹ 10,000 for NRI Mutual Divorce Petition
  • ₹ 20,000 for NRI First Motion
  • ₹ 20,000 for NRI Second Motion

This total fee of Rupees 50,000 is inclusive of everything and we represent both parties (husband and wife) in court, within this fee. Each party contributes ₹25,000 in total.

Legal Assistance: When seeking a mutual divorce, it’s beneficial to consult a lawyer specializing in family law by Legal Light consulting expert mutual divorce lawyer. They can guide you through the process, help in drafting the mutual divorce agreement, and represent you in court.

Regarding “Legal Light Consulting (LLC Lawyer)” or any other legal service, it’s recommended to verify their credentials, reputation, and expertise before engaging with them. This includes checking their reviews, success rates, and ensuring their legitimacy. Legal Light Consulting – Mutual Divorce lawyer expert team of lawyer.

Always consider consulting LLC lawyers or legal firms, comparing their services, fees, and expertise before making a decision.

What are the Different laws regarding Divorce in India?

  • Section- 13B of the Hindu Marriage Act, 1955
    The parties must have lived separately for at least one year before applying under this Section.
  • Section- 28 of the Special Marriage Act, 1954
  • Section- 10A of the Divorce Act, 1869
  • Christians – Indian Divorce Act, 1869
  • Muslims – Divorce and Dissolution of Marriage Act, 1939 and Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Inter-religion marriages – Special Marriage Act, 1954.

Indian Divorce Laws:
The divorce laws in India primarily follow the personal laws applicable to various religions, such as Hindu Marriage Act, Special Marriage Act, Indian Divorce Act, etc. Each law has its specific provisions and requirements for divorce.

It’s always advisable to understand these laws and requirements, and if needed, consult a legal light consulting legal professional well-versed in Indian family laws for proper guidance.

Procedure for getting a decree of divorce by mutual consent

Procedure for getting a decree of divorce by mutual consent

Step 1: Filing a Divorce Petition

A mutual divorce procedure filing of a divorce petition, which may be filed at any of the following places;

  • Court where the couple last lived
  • Court where the couple’s marriage was solemnized
  • The court in the area where the wife currently resides

The divorce petition must be filed jointly by the concerned parties, and the notice is served to the family court by both parties.

The grounds for divorce is that the spouses feel they cannot live with each other anymore, and hence, have agreed mutually to dissolve their marriage.

The joint petition must be signed by both parties involved.

Step 2: Court hearing and inspection

The court will go over the petition and all the supporting documents presented as proof before the court. It may also try to bring reconciliation, and if this is not possible, the mutual divorce procedure continues.

Step 3: Statement Records

After scrutinizing the petition, if the court passes an order to record the party’s statements on oath.

Step 4: First Motion

After recording their statements, the court passes the first motion. Following this, the couple has to wait for 6 months before they file the second motion. However, the second motion must be submitted at least before 18 months after passing the first motion

Six month cooling period may be waived off if parties were living seprete for one year.

Step 5: Second Motion and Final Hearing

Once you file the second motion, you can go ahead with the final hearing before the court.

The final hearing includes both parties stating their case, and the court recording their statements on oath in the family court.

Also, recently, the SC finds that the 6-months interim period can avoid if the court wishes it to be.

Courts do so if they feel both parties are sure about the divorce, and also if there are no issues related to alimony, child custody, or property.

Step 6: Divorce Decree

Once the couple state that they do not have any differences in matters concerning alimony, child custody, or sharing of property, the mutual divorce procedure reaches the final stage.

Therefore, the couple must reach an agreement for the court to take a final decision.
With the court’s satisfaction, it passes a decree of divorce, which declares that the marriage is dissolved, and this makes the divorce final.

What are the different laws regarding Divorce in India?

What are the different laws regarding Divorce in India?

Section- 13B of the Hindu Marriage Act, 1955
The parties must have lived separately for at least one year before applying under this Section.
Section- 28 of the Special Marriage Act, 1954
Section- 10A of the Divorce Act, 1869
Christians – Indian Divorce Act, 1869
Muslims – Divorce and Dissolution of Marriage Act, 1939 and Muslim Women (Protection of Rights on Divorce) Act, 1986.
Inter-religion marriages – Special Marriage Act, 1954.

If you are considering an uncontested divorce you are already going through a difficult period. “It is better to come out of a toxic marriage and in case you and your spouse have decided to put an end to this relationship we can be the best online platform for all your needs.”

LLC Mutual Divorce Lawyer comprises of young and dynamic lawyers from various District Courts, High Courts and the Supreme Court of India. All the services provided by LLC Lawyer is highly confidential and it also maintain privileged attorney client relationship.

Mutual Divorce Judgement

The Hon’ble Supreme Court in the case of Sureshta Devi v. Om Prakash. it was made clear that living separately does not necessarily mean living in different places. The parties can be living together but not as spouses.

In Pradeep Pant & anr v. Govt of NCT Delhi, the parties were married and had a daughter from their wedlock. However, due to temperamental differences between them, they were not able to live together and decided to live separately. Despite putting their best efforts they were unable to reconcile their marriage and could not see themselves living together as husband and wife ever again. A divorce petition was jointly filed and issues such as maintenance and custody of their child were decided and agreed upon by both.

The wife would get custody of their daughter and the husband would reserve visitation rights, it was mutually agreed upon by both of them. Both parties gave their free consent without any undue influence. The court observed that there was no scope of reconciliation and granted a decree of divorce.

In the case of Amardeep Singh v. Harveen Kaur, it was observed that the couple had internal disputes and their married life was not the best one. The disputes escalated really bad and many civil and criminal proceedings were followed.

They mutually decided to resolve all the disputes and file for divorce by mutual consent. The custody of their children would be with the husband, and permanent alimony was paid to the wife.

In another case of K. Omprakash v. K. Nalini, the parties were not happy with their marriage anymore and were allegedly having extramarital relationships. It was the contention of the petitioner that they were living apart without ever visiting each other for more than a year and so, there was no scope of reconciliation between them.

They blamed each other for their suffering and unhappiness. Both alleged each other to be involved in a series of illicit relationships but denied ever being involved in such relationships themselves.

There was no other option left but only to file for divorce by mutual consent. The marriage had suffered irretrievable damage and had reached a point of no return.

Both parties prayed for an instant divorce and a waiver of the waiting period. Observing that the parties had lived separately for long enough and there was no scope of getting the marriage to work again.

In Sureshta Devi v. Om Prakash, the wife’s consent was fraudulently obtained by the husband for filing a divorce. The wife was unwilling to give her consent for divorce and therefore she did unilaterally revoked her consent.

Upon reading the judgement of the Supreme Court we can conclude that a party can unilaterally withdraw their consent if the same has not been freely given.

After the first motion has been passed the parties will have agreed to settle on various issues such as alimony, custody of children and other marital expenses. Now, If one of the parties unilaterally withdraws their consent the other party may suffer prejudice that could be irreversible.

In Rajat Gupta v. Rupali Gupta, the court says that the agreement between the parties to settle their issues and opt for divorce by mutual consent is a binding agreement and a form of undertaking. If a party now unilaterally withdraws their consent, they would be in breach of their undertaking made before the court of law, resulting in civil contempt of court by wilfully disobeying an undertaking. If the consent has to be withdrawn unilaterally, it must be done so on a just and reasonable ground and the other party must not suffer prejudice.

Therefore, consent can be unilaterally withdrawn only in exceptional cases on reasonable grounds.

Mutual Divorce Lawyer in Delhi NCR

Mutual Divorce Lawyer in Delhi NCR, Having an experienced Best Mutual Divorce Lawyers In Delhi divorce lawyer is the only way to find quick solutions within time frame as individual must get time to restart new life.

Our legal panel has the most experienced and professional divorce lawyers to provide you the best legal assistance in Delhi NCR.

Our Team of LLC Mutual Divorce Lawyers enable you to move through your entire mutual consent divorce process from the comfort of your own home.

Mutual Divorce Lawyer is a dedicated law firm divorce lawyers, highly skilled and experienced in family matters like Mutual Divorce, NRI Divorce.

With 100% success in Mutual Divorce cases. We expedite your divorce process with minimum paperwork, court-hearings and deliver the divorce decree to you.

Simply register online, pay the small fee, gather your papers and get your document ready.

With No hidden charges and no extra costs, we can proudly say that the ‘honesty plus loyalty’ are our only mottos.

If you are considering an uncontested divorce you are already going through a difficult period.

“It is better to come out of a toxic marriage and in case you and your spouse have decided to put an end to this relationship we can be the best online platform for all your needs.”

LLC Mutual Divorce Lawyer comprises of young and dynamic lawyers from various District Courts, High Courts and the Supreme Court of India.

All the services provided by LLC Lawyer is highly confidential and it also maintain privileged attorney client relationship.

If you are considering an uncontested divorce you are already going through a difficult period. Experienced and dedicated Divorce Lawyers for all family matters.

We are Result-oriented, Effective and Affordable. We help you go through your divorce as quickly and as effortlessly as possible. Feel free to consult with us for any mutual consent related doubts or queries.

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