Last Updated on June 10, 2024 by Satish Mishra
As per Hindu Marriage Act (HMA) 1955, petition under section13-B to which we say Mutual Consent Divorce is to be filed in the Court of District Judge or similarly situated Additional District Judge.
Read my post – Why Mutual Divorce is best way of Separation Legally.
Presently the court of Zirakpur and Derabassi that happens to be in Tehsil Derabassi doesn’t constitute to have either of them as stated above.
So the Mutual Divorce petition for couples residing in Zirakpur or Derabassi has to be filed in District Court, Mohali where both the facilities exist.
Read my post- Mutual Divorce top 10 Myths Busted.
As per HMA Act, the jurisdiction is decided on following factors:
1 Place where the marriage was solemnized.
2 The respondent, at the time of the presentation of petition resides.
3 Parties to the marriage last resided together.
4 Where Petitioner residing and the respondent is out of India or not heard of being alive for 7 years by those persons who should have heard of him.
Now for Mutual Divorce in Zirakpur and Derabassi – The either of spouse should have residence proof of Zirakpur or Derabassi to invoke jurisdiction of District Court , Mohali or if the person has last resided , proof of showing the same on a document.
Also read- FAQ’s Mutual Divorce
Copy of Aadhaar is mandatory for filing Mutual consent divorce petition in Mohali. Rent agreement, gas book slips, Telephone bills can be given as proofs to show last resided place.
Conditions for Mutual Divorce
1 Marriage Should be valid as per Sec 5 of the HMA, Act and fulfill five conditions as mentoned below:
(i) neither party has a spouse living at the time of the marriage;
(ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of
mind; or
(b) though capable of giving a valid consent has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and the
procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the bride the
age of eighteen years at the time of the marriage;
(iv) the parties are not within the degreesof prohibited relationship unless the
custom or usage governing each of thempermits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage
governing each of them permits of a marriage between the two;
Also read- Looking for Best Divorce Lawyer in Chandigarh, Panchkula, Mohali, Zirakpur
2 One year of separation mandatory and no divorce within one year of marriage can be granted. Yes that’s written in the statute.
3 Terms and Conditions between the couple should be sorted regarding money, alimony, custody, house, maintenance, joint EMI’s, etc. The crux of any divorce settlement hinges upon this aspect.
4 There should be no collusion/conspiracy between the parties while applying for Mutual Consent Divorce.
5 Reason for Divorce- It can be hundred but the bottom line is now we can’t stay together due to x, y , z
reason and differences are irreconcilable. End of the matter. Don’t start blame game since it is a Mutual Divorce.
Rest read my post- Waiver Application in Mutual Consent Divorce
Not just Mutual Divorce but be it any Divorce or Contested one, complications are there if matters are not clear or there is no agreement between the parties.
Here a Mutual Consent Divorce expert lawyer or Specialist Advocate in Divorce/ Matrimonial matters can be of great help. He will be able to assist you in all aspects of Mutual Consent Divorce steps/procedure:
1 Coming to an agreement first and foremost.
2 Terms and Conditions of Mutual Divorce agreeable to both. Financials and Child custody requires the most attention and sympathetic view. Choose between years or peace of mind.
3 Briefing about the process/ procedure in court during first and second motion.
4 Clear timeline for the entire Mutual Divorce process and how soon patties can get their hands on the decree.
5 Aftermath of Mutual Divorce. Handling anxiety and aspirations of parties and plan of remarriage etc.
The best part of Mutual Divorce is that doesn’t go on for years like contested divorce. 6 months for the entire procedure and you are legally separated with court decree in your hand. What else you could have asked for?
Also read- Registration of marriage in Zirakpur
Even the fee charged in Mutual Consent Divorce Expert Lawyers across Tricity (Chandigarh, Panchkula, Mohali) is lowest as compared to usual contested divorce matters. So money wise also it is the best thing to do.
That’s it. Now you are good to go. Engage a lawyer who can very well assist you on entire Mutual Consent Divorce process /procedure in Zirakpur and Derabassi.
Also read- Mutual Consent Divorce Procedure for NRI’s
And please don’t fall prey to these lists of search engines compiling top 10/50 Divorce lawyers in Zirakpur and Derabassi. It is better to seek free telephonic consultation and then to approach them for a paid consultation. This way you would be able to select the right Mutual Consent Divorce expert lawyer or top rated divorce lawyer/Legal Advisors/Family Lawyers for marriage issues in Zirakpur and Derabassi for your case.
If you need my help, I am just a phone call away. Dial 99888-17966 and say LegalSeva. We know it’s difficult but not worst. Your satisfaction is our guarantee.
Happiness is all what we yearn for in our entire lives and we must get it now.
