Nidhi Choudhary Advocate and Associates is one of the top-rated mutual divorce lawyers and advocates in Jammu. Handle all types of divorce-related matters.
Mutual Divorce Lawyers and Advocates in Jammu
In 1976, the Indian Parliament introduced Mutual Consent Divorce by amending the Hindu Marriage Act. It has brought relief. We recommend that mutual divorce is a better option than a contested divorce. It saves time, energy, money, and avoidable toxicity.
Parties desirous of mutual divorce are always perplexed as to how to initiate the process, the role of the court, the terms and conditions of mutual consent divorce, issues of maintenance and child custody, the duration of the divorce, the place of filing, and other related questions. The following paragraphs will answer all of your questions.
Mutual consent divorce procedure in detail
First Motion: Once the petition for divorce by mutual consent is filed, the parties’ presence is required in court for the recording of the statement. In the event one of the parties is unable to come, another party can appear through a power of attorney. A family member of the spouse should preferably hold such power of attorney. Once the statement is recorded, it is commonly called “the first motion that has been passed.”
Second Motion: After the first motion is passed, parties are called upon to wait six months before moving the petition for the second motion. This period is extendable up to 18 months. This six-month period is generally called a “cooling-off period.” Parties are given six-month periods to reconsider their relationship. It is given for reconciliation. The statements of the parties are recorded by the court. Once the statement of a minimum six-month period is recorded, the second motion is passed by the court. Thereafter, a decree of divorce is given. Marriages get dissolved.
Waiver of Time/Cooling-Off Period
This six-month period can be waived by the concerned family court upon filing an application for a waiver of six months. Family Court has the discretion to waive off the period. Thus, a time period of six months can be waived and may be reduced to as few as 15 days or a month or so.
During the period of six months, i.e., before moving the second motion, both parties have the liberty to withdraw their consent for divorce.
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