Thursday, April 14, 2016

Mutual Consent Divorce Procedure before Chennai Family Court

“A happy marriage is a harbour in the tempest of life, an unhappy marriage is a tempest in the harbour of life.”

To end a unhappy married life there is two options to get divorce in India. (1) Divorce by Mutual Consent and (2) Contested Divorce.

In Chennai contested Divorce consume more time than divorce by mutual consent. Mutual Consent divorce will be filed before Chennai family court after one year of marriage only. And both spouses should be separately living for more than one year. Other wise a spouse cannot file the mutual consent divorce before the family court.

Since the judicial system is fraught with delays and other systemic problems, a contested divorce can easily take you years in the Court.

A divorce by mutual consent on the other hand, is much more pragmatic. It is based on the idea that when two persons agree to get into a relationship out of their free consent, they should have the liberty to end it as well when it turns sour.

Things to consider before filing Mutual Consent Divorce before Chennai Family Court:-

i) A separation of one year between the husband and wife. That they should not live together after the date of separation.

ii) They should decide the maintenance for the wife and children. They should clear about the articles, jewels and other things which was exchanged before applying the divorce.

Documents required to file Mutual Consent Divorce:

The following documents are necessary to file Mutual Consent Divorce before the Chennai Family Court. They are:-
(1) Address Proof of the Husband:- Such as Aadhar Card, Driving License, Ration Card, Voter Identity Card, Bank Pass Book, Postal Id Card, Identity cards issued by government institutions.
(2) Address Proof of the Wife:- Such as Aadhar Card, Driving License, Ration Card, Voter Identify Card, Bank Pass Book, Postal Id Card, Identify cards issued by government institutions
(3) Marriage Invitation and Marriage Certificate
(4) Marriage Photo
(5) Passport size photos of Husband and Wife

Monetary Settlement/Maintenance/Alimony/Child Custody issues.

A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. Husband can give an full and final settlement to the wife. And the wife cannot claim any maintenance in the future. Otherwise they can decide the Monthly maintenance.

The custody of the child and the maintenance of the child should be decided.

In all this procedure enables couples to part away amicably on a good note, without ruinous litigation, and without much expense.

Procedure for Filing Mutual Consent in Chennai Family Court:-

1.     Both the Husband and wife should present at 10.30 am when the Principal family Court Judge sits in the dias and present the Mutual consent Petition to the Court.
2.     The Principal family court will order the registry to number the Mutual consent petition after go through the Petition. If any defects found in the Petition it should be rectified. If the petition is passed by the registry, then the registry sends the petition to the Chennai Principal  Family Court Judge to provide a hearing date. Usually the hearing date will be 6 months after numbering the Mutual consent Divorce Petition.

Second motion Procedure:

On the appointed date after six months the Husband and wife should appear before the appropriate family court at Chennai. They should declare that there is no chance of re-union. And the court after marking the necessary documents relevant to the marriage, it will post the case for orders on the next day or some other day.  If any one of the parties to the case want to withdraw the case or want to live together, then the court will dismiss the case. Any one of the party can also withdraw the petition before giving evidence in the court. No party can prefer any appeal to any court after the divorce is granted by  on the ground of mutual consent.

Talk to the Chennai Top divorce lawyer for advise on Divorce by Mutual Consent in Chennai @ 9884883318.

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