Advocate Usha Tanna & Associates, The Best Mutual Consent Divorce Lawyers in Mumbai. Possessing 30 years experience and specialization in Mutual Consent Divorce.
Simple Procedure for Mutual Consent Divorce Lawyers is laid down as below, both the Parties i.e. the Husband and the Wife have to reach to a mutual understanding and consensus with regards to the terms and conditions put forth for the Divorce. On the basis of mutual understanding and consensus the settlement and agreement petition for Mutual Consent Divorce is drafted. For annuling the Hindu Marriages, the Petition is filed under section 13 B of the Hindu Marriage Act. For the Christian Marriages, section 10 A of the Indian Divorce Act and for Secular or Civil marriages section 28 of the Special Marriage Act.
The Divorce Petition drafted will include all the terms and agreements of the settlement, agreed between the two parties and then the Mutual Consent Divorce Lawyers Petition shall be filed in the Court as court procedures.On the date, when the Matter comes up for hearing both the parties have to be present in the court for recording their statements before the honourable judge. Post recording of the statements, the First Motion will be passed.
The Court gives six months period to the parties to reconsider their deceision and reconcile. This is called cooling period generally amd the Second Motion is set up.The aforesaid steps shall be repeated and the Statements of both the parties will be recorded again. After such recordings of the Statements, the honourable judge will pass the order and the judgement, the decree for divorce is granted.
Some cities in India like Mumbai allows the statement of one party to be recorded through Power of Attorney, few Courts along with Power of Attorney also conducts video conferencing for Mutual Consent Divorce Lawyers in Mumbai. This process is advisable and useful in case party or parties living outside India. Thus Divorce by Mutual Consent for NRI is possible without their physical presence in the court. The process saves time, energy and money and is done with less or no discomfort to both the parties and their families.