Mutual Divorce Lawyer In Delhi High Court

Mutual Divorce Lawyer For Delhi High Court

The Delhi High Court, on Sher Shah Road, hears appeals against family court orders, writ petitions and a range of matrimonial matters arising from Delhi. An appeal from a family court decree or an interim order can be filed before the High Court within the time allowed by law, which is generally 30 days.

Mutual Consent Divorce matters need an advocate who knows both the law and the daily working of the court. Advocate Manish Kumar of S.S Associates practises from Chamber No. 551-B at the Dwarka Courts and appears before the Delhi High Court, advising clients in Hindi and English and keeping every consultation confidential.

The Legal Framework

A mutual consent divorce is the quickest and least painful way to end a marriage. Section 13B of the Hindu Marriage Act, 1955 (and Section 28 of the Special Marriage Act, 1954) allows both spouses to jointly ask the court for a decree on the ground that they have been living separately for one year or more, that they have not been able to live together and that they have agreed to dissolve the marriage.

The process runs in two motions. In the first motion the court records the statements of both spouses and passes an order. The law contemplates a gap of six to eighteen months before the second motion, but in Amardeep Singh v. Harveen Kaur the Supreme Court held that this cooling-off period is directory and can be waived where reconciliation is impossible and the parties have settled everything. In practice, a well-prepared petition can be completed in a matter of weeks to a few months.

The strength of a mutual petition lies in its settlement. Maintenance or a one-time payment, custody and visitation of children, return of articles and stridhan, and the handling of jointly owned property should all be written down before filing. Gaps here are what cause cases to stall at the second motion.

How A Mutual Consent Divorce Case Proceeds

1. Consultation with both spouses or with one spouse and the other’s advocate to understand what has been agreed.
2. Preparation of a written settlement covering money, children, property and withdrawal of any pending cases.
3. Drafting and filing of a joint petition with both spouses’ affidavits and annexures.
4. First motion, where the court records statements of both parties and passes the first motion order.
5. Compliance with the settlement, including any instalments of the agreed amount, before the second motion.
6. Second motion, where statements are recorded again and the court passes the final decree of divorce.

Documents We Ask You To Prepare

• Marriage certificate and proof of the date of marriage
• Address proofs and passport-size photographs of both spouses
• Proof that you have lived separately for at least a year
• Income proofs and an affidavit of assets where money is involved
• Written settlement or memorandum of understanding
• Details of any pending cases that must be withdrawn

Timeline And What Affects It

With a complete settlement and a court that is willing to waive the cooling-off period, the whole process can take about 30 days from the first motion. Where the waiver is not granted the gap can run to six months. Delays usually come from incomplete documents, a spouse who is abroad or unpaid settlement instalments.

Practising Before Delhi High Court

The High Court looks at whether the family court applied the law correctly, so appeals focus on the record, legal questions and the reasoning of the order. The court complex is reached from Pragati Maidan Metro station and by road along Sher Shah Road.

Illustrative Situations

These are general illustrations of the kinds of problems we are asked about. They are not real client cases and every matter turns on its own facts.

• An appeal against a divorce decree: A husband’s divorce petition is dismissed by the family court. We study the judgment for errors of law and file an appeal before the High Court.
• A challenge to interim maintenance: A husband believes the interim maintenance fixed against him is excessive. We examine the order and the income evidence, and consider a revision or appeal.
• A matter of urgent quashing: A client seeks to quash a criminal case after a settlement. We prepare a petition supported by the settlement terms.

Related Legal Services

Mutual Consent Divorce In Other Courts

Other Services At Delhi High Court