Mutual Consent Divorce
4 years ago
I am going for a mutual consent divorce. Kindly let me know how much it would cost me? What would be the court fees, documentation charges and lawyer fees at max?
Adv. Sarika Khude
Responded 3 years ago
A.max Rs.15000 including all
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A.Dear Sir,
Court fees is less than Rs. 500/- in Karnataka but the lawyer’s fees dependings upon the profile of the advocate you choose which may range between Rs. 50,000/- to Rs. 5,00,000/- the procedure is as follows:
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What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
Thanks.
Court fees is less than Rs. 500/- in Karnataka but the lawyer’s fees dependings upon the profile of the advocate you choose which may range between Rs. 50,000/- to Rs. 5,00,000/- the procedure is as follows:
==============================================================================
What is the procedure for obtaining divorce by mutual consent?
1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
8. The marriage will stand dissolved from the date of such decree passed by the Court.
Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.
Thanks.
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ARSHAD ALI ZAIDI ADVOCATE
Responded 4 years ago
A.Which city do you live in? You have not written this in your question. The fees range from 5000 to 30000 depending on your city.Please take PAID phone call with me through VIDHIKARYA and get more legal guidance
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Jagannath S Pawar
Responded 4 years ago
A.No fixed formula of fees. Depends upon Lawyer's standing, experience and your case's circumstances
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Pavan kumar Gudipati
Responded 4 years ago
A.Before you go for a closing relationship, think twice. Rest is
Duration: 6 months to 1 Year
Court Visit: At least 2 times, and if court ask for Mediation/ Counselling, then additional 2-3 times
Court Fee, Documentation and Lawyer Fee: This Varies from Minimum 30,000 to 3 Lakhs, depends on Child, Settlement deed, properties transfer and complexities
Duration: 6 months to 1 Year
Court Visit: At least 2 times, and if court ask for Mediation/ Counselling, then additional 2-3 times
Court Fee, Documentation and Lawyer Fee: This Varies from Minimum 30,000 to 3 Lakhs, depends on Child, Settlement deed, properties transfer and complexities
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