Mutual Consent Divorce Procedure before Chennai Family Court

“A happy marriage is a harbour in the tempest of life, an unhappy marriage is a tempest in the harbour of life.” To end a unhappy married life there is two options to get divorce in India. (1) Divorce by Mutual Consent and (2) Contested Divorce. In Chennai contested Divorce consume more time than divorce by mutual consent. Mutual Consent divorce will be filed before Chennai family court after one year of marriage only. And both spouses should be separately living for more than one year. Other wise a spouse cannot file the mutual consent divorce before the family court. Since the judicial system is fraught with delays and other systemic problems, a contested divorce can easily take you years in the Court. A divorce by mutual consent on the other hand, is much more pragmatic. It is based on the idea that when two persons agree to get into a relationship out of their free consent, they should have the liberty to end it as well when it turns sour. Things to consider before filing Mutual Consent Divorce before Chennai Family Court:- i) A separation of one year between the husband and wife. That they should not live together after the date of separation. ii) They should decide the maintenance for the wife and children. They should clear about the articles, jewels and other things which was exchanged before applying the divorce. Documents required to file Mutual Consent Divorce: The following documents are necessary to file Mutual Consent Divorce before the Chennai Family Court. They are:- (1) Address Proof of the Husband:- Such as Aadhar Card, Driving License, Ration Card, Voter Identity Card, Bank Pass Book, Postal Id Card, Identity cards issued by government institutions. (2) Address Proof of the Wife:- Such as Aadhar Card, Driving License, Ration Card, Voter Identify Card, Bank Pass Book, Postal Id Card, Identify cards issued by government institutions (3) Marriage Invitation and Marriage Certificate (4) Marriage Photo (5) Passport size photos of Husband and Wife Monetary Settlement/Maintenance/Alimony/Child Custody issues. A Mutual Consent petition gives you the flexibility to come to your own terms with respect to the issue. Husband can give an full and final settlement to the wife. And the wife cannot claim any maintenance in the future. Otherwise they can decide the Monthly maintenance. The custody of the child and the maintenance of the child should be decided. In all this procedure enables couples to part away amicably on a good note, without ruinous litigation, and without much expense. Procedure for Filing Mutual Consent in Chennai Family Court:- 1. Both the Husband and wife should present at 10.30 am when the Principal family Court Judge sits in the dias and present the Mutual consent Petition to the Court. 2. The Principal family court will order the registry to number the Mutual consent petition after go through the Petition. If any defects found in the Petition it should be rectified. If the petition is passed by the registry, then the registry sends the petition to the Chennai Principal Family Court Judge to provide a hearing date. Usually the hearing date will be 6 months after numbering the Mutual consent Divorce Petition. Second motion Procedure: On the appointed date after six months the Husband and wife should appear before the appropriate family court at Chennai. They should declare that there is no chance of re-union. And the court after marking the necessary documents relevant to the marriage, it will post the case for orders on the next day or some other day. If any one of the parties to the case want to withdraw the case or want to live together, then the court will dismiss the case. Any one of the party can also withdraw the petition before giving evidence in the court. No party can prefer any appeal to any court after the divorce is granted by on the ground of mutual consent. The Author Mr.K.P.Satish Kumar is the leading Divorce Lawyer in Chennai. Talk to the Chennai Top divorce lawyer in Mogappair for advise on Divorce by Mutual Consent in Chennai @ 9884883318.

Divorce grounds for Cruelty before Chennai Family Court

The Behavior which causes physical or mental harm to the spouse which is difficult to tolerate the other person beyond their patient level and expectations is yard stick to measure the grounds for cruelty. Mostly cruelty happens within four walls and it is hard to prove due to lack of evidence. So in this circumstances the genuine sufferer will get injustice. The Indian courts has categorized cruelty as follows:- 1. Act of the wife not allowing her husband to live in matrimonial home constitutes both mental and physical cruelty. 2. Where the husband remained unemployed during his stay with his wife and started spending money on liquor indiscriminately, used to come home late at night, gave physical beatings as well as mentally tortured the wife and also demanded share in his wife’s flat. 3. Threatening the husband that she would commit suicide, persuaded husband to leave his parents, filed false case under section 498A of the IPC and also dowry case against husband and his family members. 4. Conduct of the husband of continues abusing and ugly and foul language and also alleging the wife of having an extra-marital relationship without any good reason will make the relation between the parties a soured relation and as such the parties cannot be expected to live together. 5. Verbal abuses and insults by using foul and abusive language, disturbing mental peace and every conduct which causes a mental tension as to affect the health or likely to affect the health of the other spouse will be considered as cruelty. 6. A spouse staying away can cause mental cruelty to the other spouse by sending vulgar and defamatory letters or notices or filing false complaints containing indecent allegations or by initiating number of judicial proceedings making the others spouse’s life miserable. 7. Culture, human value, economic and social conditions will be an important factor in deciding the allegations made in the cruelty. 8. Lack of mutual trust, confidence, faith and having doubt on each other whenever the other spouse fails to answer the call and making remarks on her character will amount to cruelty, rupturing the matrimonial relation and the other spouse cannot be expected to stay in that environment. 9. Where the husband is lethargic, does not work, is parasitical, selfish or callous provides no money for the household or refuses to undertake payment to meet the household expenses, the wife cannot be expected to stay with the husband. 10. Spouses not behaving in a respectful and cordial manner with the parents of each other would be considered as cruelty. 11. Constant insults, abuses and accusations of adulterous character which make the married life impossible to be endured, constitute mental cruelty of a kind worse than physical violence. Above mentioned are just the glimpse of the cases in which the Indian Courts have held the have the cruelty being committed by one spouse towards to the other and the courts cannot expect the other spouse to stay in that house wherein he/she has lost their most cherished fundamental right of life with respect and dignity. The Idea of bringing the cruelty as a ground for divorce is to maintain the self respect and dignity of the spouses living under the same roof and who have decided to stay together for their life in all good and bad times. Last but not the least is that whenever the spouses comes before the court of law to file their cases with the weak evidence or lack of evidence, the cases end up in dismissal and harassment, but after the amendment of the Information Act, 2009 any spouse can keep a audio or video recording, messages etc. to be used in the court of law to ensure the spouse who committed the cruelty. Article by Advocate Mr.Lincoln S.Bastin - Leading Divorce Lawyer in Mogappair Those who are affected by cruelty can Talk to the Top Divorce Lawyer in Chennai @ 9380983282