How to file for mutual divorce in India online?

In India, the procedure for filing mutual divorce is largely court-based, but recent advancements in technology have allowed for online filing in some states. The Hindu Marriage Act, 1955 provides for mutual divorce under Section 13B, where both spouses agree to dissolve their marriage. While mutual divorce requires physical presence for certain stages (such as the final hearing), initial steps like filing the petition can now be done online in some jurisdictions.

Steps to File for Mutual Divorce Online in India

Here’s the general procedure to file for mutual divorce online in India:

1. Check Eligibility for Mutual Divorce

Before filing, ensure the following:

• Living Separately for 1 Year: Both spouses must have lived separately for at least one year before filing for mutual divorce.
• Mutual Consent: Both spouses must agree to end the marriage and have no hope for reconciliation.

2. Visit the Court's Official Online Portal

Depending on your jurisdiction, you may be able to file your mutual divorce petition online through the respective state or district's e-Courts portal. Some states have made provisions for online filing of divorce petitions, including for mutual divorce.

• For instance, in some high courts like Delhi High Court and Bombay High Court, the option to file cases, including divorce petitions, has been integrated into their online portals.
• You may also need to check with the Family Court in your area if online filing is available.

3. Register on the e-Courts Portal (If Available)

To start the process online, you may need to register on the official e-Courts portal or the state-specific family court portal. Follow these steps:

• Go to the official portal (e.g., https://services.ecourts.gov.in>e-Courts).
• Register by creating a user ID and password.
• After registration, log in using your credentials.

4. Fill in the Mutual Divorce Petition Online

Once registered and logged in, select the option to file a divorce petition (mutual consent) under Family Court matters. You will need to:

• Fill in Personal Details: This includes names, address, contact details, and marital information of both spouses.
• Provide Marriage Details: Include marriage date, place, and any other relevant details.
• Declaration of Separation: Mention the period of separation (1 year or more) and provide a statement confirming mutual consent to the divorce.

5. Upload Necessary Documents

You will need to upload scanned copies of certain documents, such as:

• Marriage Certificate: A certified copy of the marriage certificate.
• Proof of Separation: Documents showing that you have been living separately for at least one year (e.g., utility bills, rental agreements, etc.).
• Identity Proof: Aadhaar card, passport, voter ID, or any government-issued identity card for both spouses.
• Affidavit of Mutual Consent: An affidavit signed by both spouses stating their mutual agreement to divorce.

6. Pay the Filing Fees Online

After completing the petition and uploading the required documents, you will need to pay the filing fees. This can typically be done through the portal via online payment methods (e.g., debit/credit card, net banking). The fee varies depending on the court and state.

7. Receive Acknowledgment and First Motion Hearing

Once the petition is submitted and payment is made, the court will review the petition and send an acknowledgment receipt. In some cases, you may receive an automatic confirmation for a first motion hearing date, which will be conducted online or in person depending on your court's protocols.

• First Motion Hearing: This is the initial stage where both spouses appear before the court to confirm that they mutually agree to divorce. The court will review the petition and documents.

8. Wait for the Second Motion and Final Hearing

The court will give a six-month cooling-off period between the first motion and the second motion. During this period, both spouses must confirm that they still wish to divorce.

• Second Motion Hearing: After the six months, the spouses will appear before the court again for the second motion. If both still consent to the divorce, the court will grant a divorce decree.

9. Final Divorce Decree

After the second motion hearing, if everything is in order, the court will pass a final decree of divorce, dissolving the marriage legally.

Example of Filing for Mutual Divorce Online

Example 1: Filing in Delhi High Court

Rajeev and Maya, after one year of living separately, decide to file for mutual divorce. They visit the Delhi High Court e-filing portal and complete the registration.

They fill out the mutual divorce petition with details about their marriage, separation, and mutual consent. They upload necessary documents, including their marriage certificate and proof of separation.

After making the payment, the court provides a first motion hearing date, which they attend virtually via the portal.

After six months, they attend the second motion hearing where they reaffirm their decision to divorce, and the court grants them a final decree of divorce.

Important Points to Note

• Online Filing Availability: Not all states in India provide a complete online filing process for divorce petitions. It's essential to check with the local family court or state portal to see if online filing is permitted in your jurisdiction.
• Court Appearances: Even if the petition is filed online, both spouses will likely need to attend hearings in person or virtually. The first motion and second motion hearings typically require the physical or online presence of both parties.
• Cooling-Off Period: The six-month waiting period is mandatory, but it can be waived by the court in cases of irretrievable breakdown of marriage.

Conclusion

Filing for mutual divorce online in India is possible through the e-Courts portal or state-specific family court portals, depending on your location. The process involves registering on the portal, filling out a joint petition, uploading necessary documents, and paying the filing fee. While the initial filing can be done online, court hearings are still necessary to finalize the divorce. Always ensure you comply with the legal requirements for a smooth process.