How to File Mutual Divorce in India

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In India, mutual divorce is governed by the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, and the Indian Divorce Act, 1869, depending on the religion and personal laws of the parties involved. Here are the general steps to file for mutual divorce in India:

1.  1.     Consult a lawyer: It is advisable to consult a lawyer who specializes in family law and has experience in handling mutual divorce cases. They will guide you through the legal process and help you prepare the necessary documents.

 2.     Draft a mutual divorce agreement: Both parties need to sign a mutual divorce agreement stating the terms and conditions of the divorce, including child custody, alimony, property distribution, etc.

 3.   File a joint petition: Both parties need to file a joint petition for divorce at the relevant family court. The petition should include the mutual divorce agreement and the marriage certificate.

 4.     Attend court hearings: Both parties need to attend court hearings, which usually take place after a six-month waiting period. During this period, the court may try to reconcile the parties and encourage them to resolve their differences.

 5.     Obtain the divorce decree: Once the court is satisfied that the parties have mutually agreed to divorce and have fulfilled all legal requirements, it will issue a divorce decree, which marks the official end of the marriage.

It is important to note that the process of filing for mutual divorce may differ slightly depending on the jurisdiction and personal laws applicable to the parties involved.

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