Mental cruelty as a ground for divorce

The Hindu Marriage Act did not have ‘cruelty’ as a ground for divorce and the same was amended in 1976 so that this basis became available for seeking both divorce and judicial source link separation. The Parliament at the time of enactment did not provide any specific definition of the term and hence it has been understood according to its interpretation by the judiciary[v].

Fees for divorce

The fees of a lawyer vary from case to case and based on severity. If the spouses have made their minds clear on getting separated, alimony, child custody, etc. then it is a more straightforward and less costly affair. The thumb rule is the longer the battle will go the more spouses will suffer mentally and monetarily. The fees escalate when the matter reaches the High Court or Supreme Court. It is a costly affair when the spouses opt. for a contested affair.

The lawyer fees also vary based on their experience and success rate, the advocates with more experience and good winning cases rate would charge more. In metro cities such as Delhi, Bangalore, Mumbai, etc. lawyer’s fee is more. Mutual consent divorce charges range between 15,000 and 30,000 if you want a divorce lawyer with a minimum of 3 years’ worth of experience. However, a contested divorce matter would be much more expensive and cumbersome.

The legal experts also charge consultation fees, which you have to pay to settle differences and decide on essential matters. A good divorce lawyer with an expert will help you split your assets, manage child custody, and also decide on appropriate alimony. But this needs multiple sittings, increasing the overall cost.

What is the cost of mutual divorce in India?

As mentioned above, the factors determining the divorce lawyer’s charge include the following:

Locality
Court of Jurisdiction
Experience
Success Rate
Efficiency
Your financial situation

What are the steps involved [vi]?
In Mutual consent divorce

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provide for divorce of Mutual Consent. The process for seeking mutual divorce is fast and less cumbersome and it is possible to obtain a decree from the court comparatively faster. However, the proceeding may prolong for six months to one year depending on each case. If the matter is serious then the time may extend up to two years or more.

STEP 1: First Motion: It involves the joint filing of a divorce petition;

STEP 2: Recording of statements before the court after filing of the petition;

STEP 3: Examination of the petition, documents, efforts are made for reconciliation, records statements;

STEP 4: Order on First Motion by the Court;

STEP 5: Cooling-off period of 6 months given to the couple by the court to rethink the decision;

STEP 6: Second Motion filing within 18 months of First Motion;

STEP 7: Divorce decree by the court.

The 6 months cooling-off period is offered with the hope to avoid divorce if there is any prospect for reconciliation. However, the Apex Court has held that in circumstances where the spouses have amicably agreed to divorce, then the cooling period might be waived.