What is the mutual divorce procedure in India

This petition is presented before the family court by mutual  visit official website consent of the parties. In this petition, the parties specify the time and place of their marriage, the time since when they are not living with each other, the reasons behind their broken marriage, and why they should be given a divorce. The period of living separately should not be less than one year, and both parties are mandated to sign the petition. Court fees are submitted along with the petition.

The Appearance of the parties before the court or First Motion – 
After the filing of the petition, the parties will appear before the court and make their statements. The court will examine the facts mentioned in the petition and the documents submitted with it. The court may attempt to unite the parties, but if the marriage is broken beyond reasonable limits, the court may continue with the process. The court may even waive the cooling-off period, which is a minimum of six months and a maximum of eighteen months. If the cooling-off period is not waived, then the second motion can be filed after six months of the presentation of the petition before the family court and before eighteen months of the same.

Second Motion – 
As soon as the parties appear for the second motion, they proceed with the final hearing. Joint statements are recorded again, and if the issues relating to alimony, custody of the child, and maintenance are settled, then the court passes a decree of divorce. After the decree has been passed, the marriage gets dissolved.