Date : 31-08-2018 10:57
It is stated out under section 13-b of the Hindu marriage act, 1955. Unlike in a contested divorce where the parties fight against each other wasting their time and resources and also of the court, expenses and time can be saved via opting for a mutual consent divorce.
Under this, the spouses seeking to separate from each other arrive on a mutual settlement with the help of peaceful negotiations. The basic objective of this type is to encourage amicable settlements rather than the use of coercive and fraudulent means to end an institution of marriage. Also, the idea that works behind this concept can be derived b saying that if the spouses are free to enter into a matrimony, they should also be free to end it at thee will.
For a mutual consent divorce, the couple seeking it must file it in the form of an affidavit first in the family court. The second step after filing the affidavit is recording the statements of both husband and wife.
The third step previously involved observing a mandatory separation period by the couple just so to ensure that there is absolutely no chance of reconciliation, but the mandatory requirement has been removed now and a discretionary power is given to the courts for a case to case basis. So in some cases court orders it and in some not. After this, a second hearing takes place and then judge decrees for a mutual consent divorce.
DOCUMENTS REQUIRED FOR A MUTUAL CONSENT DIVORCE:
Well, there is no predetermined fees structure by lawyers over India for a particular service like divorce by mutual consent. The fees vary from place to place and also depends upon the complexities of a case, a number of hearings a lawyer would attend, paperwork required etc. But taking a generalizing view, in India it would usually range from 10,000 to 50,000 rupees.