People who fall under the Special Marriage Act as well as Hindus, Christians, Parsis should follow this procedure. The procedure for Muslims is as mentioned elsewhere on this blog.
Mutual Consent Divorce can be filed by a couple only if the requirements stated are met. A divorce petition, along with affidavits must be filed by both the spouses. Both the partners are required to state to the court, jointly, that they are not able to live together and that they want the marriage to be dissolved. The courts will then receive a petition for the same and the statements of both the spouses will be recorded afterwards.
If a spouse is unable to appear in court for the court proceedings, a power of attorney will be granted to some other person, preferably a family member. The first motion is granted as soon as the statements of the spouses are recorded. Following this, the individuals are allotted 6 months time as an interim period in which they can rethink their consent for divorce if they have to. Either spouse is eligible to withdraw their consent during this period. In the event that one side withdraws his or her petition an inquiry may be initiated by the court. If the particular spouse does not agree to give the consent, the court no longer has the right to pass the divorce judgement. If neither of the two spouses withdraws their consent, the second motion is set and both the presence of both the spouses is required in order to confirm their consent. Divorce is granted only after this. The consent of both parties involved is confirmed by recording their statements in court during the second motion. Unlike the first motion stage where a power of attorney could be accorded to someone else, both the parties have to be physically present.
The interim period of 6 months can be extended to 18 months, counting from the date when the first motion was granted. Within this period both the spouses have to physically come to the court and get their statements recorded in order to give their consent to divorce. There is some room for flexibility when it comes to this. For instance, an NRI can give his consent physically between the duration of 6-18 months for acquiring the final decree for mutual consent divorce. In order for a judgement of mutual consent divorce to be passed, both the spouses should also come to terms regarding settlement of all their obligations and rights.
To obtain a mutual consent divorce in Chandigarh, we suggest the spouses to consult experienced lawyers who can effectively guide you and help you draft the terms of settlement if you want the divorce decree to be granted by the courts at the earliest.