Mutual consent divorce is growing trend in India as well as other part of the world. Instead of long battles fought for several years by filing, pursuing and defending several cases like Domestic Violence, Maintenance, Dowry Case, Divorce Case, Restitution of Conjugal Right Case, etc couples are now opting for mutual consent divorce by mutually settling the terms for their alimony, stridhan, child custody and all other rights, liabilities and issues arising out of marriage. Procedure for mutual consent divorce is quite simpler and less time consuming and even the fees for advocate/lawyer is far less. Necessary documents required for mutual consent divorce are as follows: 1. Identity Proof and Address Proof of husband and wife 2. Marriage Photo (necessary), Marriage Invitation Card and Certificate (optional) 3. Settlement Deed, if any. 4. Passport size photo of parties.
A joint petition for mutual consent divorce is presented before the Family Court and it is allowed by the court after verifying the consent and willingness of the parties. Thereafter, after 6 month another joint petition is filed and the court grants final decree of divorce to the parties. Though, as per the recent judgment of Hon'ble Supreme Court of India, the family courts has been given discretion to waive of the period of 6 months waiting period in certain circumstances.
For any person or an NRI residing out of India and proceeding for mutual divorce in India is most of the time a difficult task due to his/her work compulsions and inability to take leave to attend Court hearing in India. However, any such person can authorze his/her any family member to represent him/her in Court proceeding by executing a Power of Attonery to that effect and that authorized person can give statement before Court on behalf of that person. Court can also ascertain the consent of any person residing abroad through Video Conferancing.