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Divorce is a difficult decision that no couple wants to make, but sometimes it is the best option for them. Mutual Divorce in Kolkata is becoming increasingly popular among couples who want to end their marriage without engaging in lengthy and costly legal battles. In this article, we will discuss what mutual divorce is and how it works in Kolkata.
II. What is Mutual Divorce?
Mutual divorce is a type of divorce in which both spouses agree to dissolve their marriage. Unlike contested divorce, where one or both parties do not agree to the divorce, mutual divorce is a peaceful way to end the marriage. Both parties work together to settle all issues related to their marriage, such as child custody, property division, alimony, and other issues.
Mutual divorce is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, in India. These laws lay down the eligibility criteria, process, and grounds for divorce.
III. Eligibility Criteria for Mutual Divorce in Kolkata
To file for mutual divorce in Kolkata, the couple needs to fulfill certain eligibility criteria, which include:
1. The couple should have been married for at least more than one year before filing for divorce.
2. Both parties should agree to the divorce.
3. The couple should have lived separately for at least one year before filing for divorce.
4. The couple should have resolved all issues related to their marriage.
IV. Process for Filing Mutual Divorce in Kolkata
The process for filing mutual divorce in Kolkata involves the following steps:
1. Hiring a Mutual Divorce Lawyer:
The first step is to hire a mutual divorce lawyer in Kolkata who can guide the couple through the mutual divorce process. The lawyer will help the couple prepare the necessary documents and represent them in court.
2. Filing a Joint Petition:
The next step is to file a joint petition for mutual divorce in the family court. The petition should be signed by both parties and should include all details related to their marriage and divorce, such as the date of marriage, name of the parties, marriage solemnization address, Jurisdiction, and separation date. the reason for the divorce, details of the children, etc.
3. First Appearance:
After filing the joint petition, the couple needs to appear in court for the first motion. During the first hearing, the court will verify the authenticity of the petition and ask the couple if they have resolved all issues related to the divorce. The Ld. Court will give another date for the hearing of the suit.
4. Next Hearing & Reconciliation:
At the next hearing date, the couple needs to appear in court again before the Ld. Judge. During the second motion, the court will verify if the parties still want to dissolve the marriage. Whether the parties have properly tried to live together as husband and wife, and whether their close relatives and family members have tried to resolve their matrimonial issues. If the court is satisfied, that the parties cannot live together as husband and wife and all the grounds for Divorce are in compliance, the Ld. Court may grant a decree of divorce in favour of the parties or may pass such orders that Ld. the court may deem fit for the parties.
V. Advantages of Mutual Divorce in Kolkata
There are several advantages of mutual divorce in Kolkata, which include:
1. Easy and hassle-free process:
Mutual divorce is a quick and easy way to end a marriage. The divorce process is streamlined, and the parties can avoid lengthy and costly legal battles.
Mutual divorce is less expensive than a contested divorce, as the parties do not have to pay expensive legal fees and court fees.
3. Less Stressful:
Mutual divorce is less stressful than a contested divorce, as the couple works together to settle all issues related to the divorce. This reduces the emotional and mental stress that the couple may experience during the divorce process.
4. Better for Children:
Mutual divorce is better for children as it helps them avoid the trauma of a bitter court battle. It is also less financially and emotionally draining on both parties.
VI. Requirements for Mutual Divorce in Kolkata
To file for mutual divorce in Kolkata, there are certain requirements that must be met:
1. Both parties must agree to Mutual Divorce:
Both the husband and wife must agree to dissolve their marriage.
2. One year of separation:
The couple must have been living separately for at least one year prior to filing the petition.
3. Marriage must be at least one year old:
The marriage must have been in existence for at least one year before filing for mutual divorce.
4. No future claims and demands:
The parties must agree that there is no future claim from each other and that all the matrimonial issues must be settled before filing the petition.
6. Joint petition:
Both parties must file a joint petition for divorce with the appropriate family court.
Mutual divorce is a formal way of separation from marriage, where both the husband and wife agree that they can no longer live together and want to go their separate ways. It is a less time-consuming, less expensive, and less emotionally draining option compared to a contested divorce. The process of mutual divorce in Kolkata involves meeting certain requirements, including a one-year separation, reconciliation, and a joint petition. It is important to consult with a mutual divorce lawyer in Kolkata to ensure that the process is handled correctly and all legal requirements are met.