A good divorce lawyer can guide you in different ways;
What evidences did we require?
Before filing a case in court, it is important to collect sufficient pieces of evidence in consultation with an excellent lawyer
- Evidence of complaints as DDR,
- Evidence of physical violence – MLR reports pictures. doctor treatment records
- Evidence of Adultery – Hotel register records, pictures, videos.
- Evidence of Dowry Demands – call recordings, account statements
- Evidence of Income – Copy of registries, RC of expensive cars, Credit Card statements, expensive purchasing, bank statements
- Evidence of Mental Health – Doctor reports, psychiatric reports
- Evidence of Abortion – Abortion bills, slips, medicines prescription
- Evidence of Verbal Abuse – Call recordings, Video recordings duly certified from a forensic expert.
- Evidence of pressure for separation from parents – recordings, separate living proofs
Quick Divorce Process in India
If both husband and wife agree to a quick divorce in India, the following quick divorce procedure is the only solution and quick divorce process in India.
Mutual Compromise Agreement:
Both husband and wife have to prepare a mutual compromise agreement to resolve all important issues, given below;
- Amount of permanent/ regular Alimony
- Custody of Child
- Handing over all stridden items like gold, gifts, articles etc.
- Withdrawal of all pending litigation, cases and complaints.
- Quashing of registered F.I.R against husband and in-laws
- Property rights.
- Child safety measures and maintenance.
- One Time Settlement amount.
Mutual Consent Divorce Petition U/s 13-B
We have to file a joint Petition u/s 13-B of the Hindu Marriage Act. The detailed terms and conditions of the Mutual Consent Divorce Petition are available at Blog of Deepak Malhotra Advocate on mutual consent divorce draft petition.
First Motion Statement of Mutual Divorce:
Both husband and wife have to record their first motion statement in the family court on the first day of the mutual consent divorce case. On recording the first motion statement, the Honorable Court fix the next date of hearing after 6 months
An application seeking condonation of 6 months
After two weeks, we apply seeking condonation of 6 months period, based on past litigation and separation period. Always consult with a good divorce lawyer before filing it.
Second Motion Statement on Mutual Divorce:
If it allows an application, it gives a very short date to record the second motion statement. The second motion statement is the last opportunity to rethink the final decision of separation. One should record it in the presence of a good divorce lawyer.
We need to read this statement, carefully because, on the signing of this statement, it gives no further opportunity to any of the parties to amend any clause decided in the mutual divorce.
Divorce Decree in few days
After recording the second motion, the Honorable Court grant a decree of divorce and it is the only quick divorce procedure in India.
Apply a Certified Copy of Divorce Decree
Once the Honourable Family Court decides, apply 4 to 5 copies of the Divorce Decree.
The purpose for applying Certified Copies of Divorce Decree?
They require the Certified copies for various purposes like Change of husband’s name from passport, change of status in Aadhar Card, Gas Connection, removal of name from nomination in the bank accounts, removal of beneficiary from properties, pension benefits, gratuity, and Provident Fund benefits.
When a spouse can remarry?
A spouse can remarry with another man or woman on receipt of a certified copy of Divorce with Mutual Consent under section 13-B of the Hindu Marriage Act. In the case of Divorce under section 13 of the Hindu Marriage Act, a spouse has to wait for at least 90 days.
Consult a good divorce lawyer?
Free online advice for all law students and others, who are facing problems in filing a petition for mutual consent divorce. Contact Deepak Malhotra, Divorce Lawyer in Chandigarh, or ask for any other civil matters and NRI Legal Services related query from NRI Lawyers in Chandigarh.
See blog by Deepak Malhotra Adv Legal Consultants on Dowry Violence – A guide to section 498a
See blog by Deepak Malhotra Adv, Legal Consultants on Divorce Evidence
See blog by Deepak Malhotra Adv, Legal Consultants on Domestic Violence against a Woman
See blog by Deepak Malhotra Adv, Legal Consultants on Grounds of Divorce–Cruelty, Adultery & desertion
See blog by Deepak Malhotra Adv Legal Consultants on Mutual Divorce & Contested Divorce
Always remain updated about cases in the District Courts of the concerned area.
Consult a good divorce lawyer in Chandigarh:
Our associate attorney and associate law firms in UK, advocates & legal consultants are available for any free legal advice on the phone about the evidence required to support a divorce case. Consult legal consultants to talk with a good divorce lawyer about divorce cases in District Courts.