What is Mutual Divorce?
Mutual divorce, as the name suggests, happens when both parties agree to be peacefully divorced. The conditions prescribed by section 13B of the Hindu Marriage Act are that the husband and wife should live separately for atleast one year, which decides that they can not live together, and that both husband and wife accept that the marriage has collapsed altogether.
A Divorce with Mutual Consent is a relatively swift process in court; however, divorce may not be granted instantly. After filing for divorce, the court may ask the couple to reconcile their differences over six months and make the marriage work. Depending on the circumstances, this period may be reduced. If either party is overseas, the proceedings may be completed using video-conferencing software as well.
Filing a Petition
We will connect you to lawyers, who will file a petition in court containing a joint statement by both parties that, due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court.
Second Motion Petition
After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they must re-appear in court.
Divorce Decree
After hearing from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree.
Documents required for Mutual Consent Divorce
In India, Mutual Consent Divorce cannot be done without proper identity proof and address proof. Identity and address proof will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.
Identity And Address Proof
- Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
- Scanned copy of Voter’s ID/Passport/Driver’s License
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill.
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
Registered Office Proof
For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of Notarized rental agreement in English
- Scanned copy of No-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
E-Form spice 32
It is an incorporation e-form provided at the final stage of in corporation of a company. Here, all the mandatory details should be filled in this form and submitted along with the required documents.
