Mutual consent divorce is an amicable way for couples to end their marriage when they both agree that it's the best course of action. This process offers several advantages, including reduced legal hassles and a faster resolution compared to contested divorces. In Delhi/NCR, the Supreme Court plays a crucial role in overseeing mutual consent divorces through caveat applications. In this blog post, we will guide you through the process of filing a caveat application in the Supreme Court for mutual consent divorce.

Understanding Mutual Consent Divorce

Mutual consent Divorce in Delhi/NCR is a legal procedure where both spouses agree to end their marriage without alleging fault or wrongdoing. In India, this process is governed by Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954. To obtain a mutual consent divorce, the following conditions must be met:

Living Separately: The couple must have lived separately for at least one year before filing for divorce.
Consent: Both parties must consent to the divorce and agree on matters like property division, alimony, and child custody (if applicable).

Petition: A joint petition for divorce must be filed in the appropriate court.

Cooling-off Period: After filing the petition, there is a mandatory six-month cooling-off period before the court can grant the divorce.

Second Motion: After the cooling-off period, the parties must file a second motion affirming their mutual consent.

Filing a Caveat Application in the Supreme Court

If you are seeking a mutual consent divorce in Delhi/NCR and wish to safeguard your interests, you can file a caveat application in the Supreme Court. A caveat application supreme court is a legal notice that prevents any party from obtaining an ex-parte (one-sided) decision from the court without notifying the other party. Here's how to go about it:

Consult a Lawyer: The first step is to consult a family lawyer experienced in divorce cases. They will help you understand the intricacies of mutual consent divorce and the caveat application process.
Draft the Caveat Application: Your lawyer will draft a caveat application on your behalf. This application should include your details, the case details, and a request to the court to notify you before any orders are passed.
Pay the Court Fees: You will need to pay the prescribed court fees for filing the caveat application.

Submit the Application: The completed caveat application, along with the court fees, should be submitted to the Supreme Court registry.

Acknowledgment: Once your application is submitted, you will receive an acknowledgment from the court.
Be Prepared: After filing the caveat application, be prepared for the divorce proceedings. Work with your lawyer to ensure all necessary documents and formalities are in order.

Conclusion

Filing a caveat application in the Supreme Court for mutual consent divorce in Delhi/NCR is a prudent step to protect your interests during the divorce process. However, it's crucial to consult with a qualified family lawyer who can guide you through the entire process, ensuring that your rights are upheld and your divorce proceeds smoothly. Mutual consent divorce can be a less painful way to end a marriage, and with the right legal support, you can navigate the process successfully.