Mutual Divorce Lawyer in Delhi

Divorce is the legal process of ending a marriage between two individuals. It is a complex legal procedure that involves a court of law, and it can be initiated by either spouse or by mutual agreement. Divorce proceedings can involve a range of issues such as property division, child custody and support, spousal support, and other financial matters.  The major reason for mutual divorce would be incompatibility and irreconcilable differences between each other. The matrimonial Lawyer run by Advocate Aman Chawla can help you regarding divorce proceeding because he has the best mutual divorce lawyer in Delhi.

Mutual Divorce provision is provided under section 13 (b) of the Hindu Marriage Act, and in India Mutual Divorce takes place in two parts, the first part called as first motion which is provided under section 13 (b) (1) and the second part called as second motion which is provided under section 13 B 2. The time difference between the first motion to second motion would be minimum 6 months and maximum 18 months from the date of the first motion judgement. Advocate Aman Chawla is an experienced lawyer in providing the serviced in Mutual Divorce, he rated as the best mutual Divorce lawyer in Delhi

  Supreme Court Judgement on Mutual Consent Divorce

There is various judgement passed by supreme court on divorce procedure but The Amardeep Singh Vs Harveen Kaur case is a landmark judgment by the Supreme Court of India regarding mutual consent divorce. This is the one of the recent landmark judgements passed by Supreme Court in the development of family law, which addressed the question of whether the six-month waiting period required by section 13(B)(2) of the Hindu Marriage Act, 1955, for motions to grant divorces based on mutual consent must be observed or can be relaxed in exceptional circumstances.

• The section requires that after filing a petition for divorce by mutual consent, the couple must wait for six months before the court can pass a decree of divorce.


• The Supreme Court held that the waiting period was not mandatory but directory, and the court could exercise its discretion to waive the waiting period in appropriate cases.


• The court also observed that the six-month waiting period was intended to give the parties a chance to reconsider their decision and reconcile, but if there was no possibility of reconciliation, the waiting period would be a futile exercise.


• The court further clarified that the waiver of the waiting period should be done on a case-by-case basis, and the court must satisfy itself that the parties have genuinely resolved their differences and are not seeking a divorce under any duress or coercion.


• The judgment in the Amardeep Singh Vs Harveen Kaur case has had a significant impact on the procedure for mutual divorce in India, making easier for couples to obtain a divorce by mutual consent without having to wait for the mandatory six-month waiting period.

The documentation required for filing the Mutual Divorce is as follows:

1. 1. Identity proof card of both spouses.
   
   
   2. passport-size photo of each
   
   
   3. Marriage photograph
   
   
   4. Marriage card/certificate.
   
   

Advocate Aman Chawla is rated as the best Mutual Divorce Lawyer in Delhi.