*DIVORCE BY MUTUAL CONSENT

Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.

Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honorably court, is known as mutual consent Divorce.

It is the quickest form of divorce in India. The Conditions required under Section 13B of the Hindu Marriage Act are as follows:

(i)           Husband and wife have been living separately for a period of one year or more,

(ii)          That they are unable to live together,

(iii)         And that both husband and wife have mutually agreed that the marriage has totally         collapsed, hence marriage should be dissolved.

As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition.

PETITION FOR MUTUAL CONSENT DIVORCE CAN BE FILED AT ANY OF THE FOLLOWING PLACE:-

  • Place where marriage had taken place
  • Place where husband and wife last resided together.
  • Place where wife is residing at the time of filing of the Petition

Once petition for divorce by mutual consent is filed, party’s presences are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse. Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

ADVANTAGES OF MUTUAL DIVORCE

Divorce by Mutual consent saves time, money and energy for both, Leaves no room for unnecessary quarrel.

Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between married couples under the rule of law.

Divorce requires the sanction of a court or other authority in a legal process, which may involve issues of alimony (spousal support), child custody, child visitation/ access, parenting time, child support, distribution of property, and division of debt.

Divorce should not be confused with annulment, which declares the marriage null and void; with legal separation or de jure separation (a legal process by which a married couple may formalize a de facto separation  while remaining legally married) or with de facto separation (a process where the spouses informally stop cohabiting).

Reasons for divorce vary, from sexual incompatibility or lack of independence for one or both spouses to a personality clash.

The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955.

Three other important acts were also enacted as part of the Hindu Code Bills during this time:

  • the Hindu Succession Act (1956),
  • the Hindu Minority and Guardianship Act (1956),
  • the Hindu Adoptions and Maintenance Act (1956).

Due to the existence of diverse religious faiths in India, the Indian Judiciary has implemented laws separately for couples belonging to different religious beliefs. Mutual consent divorce procedure is relatively easier and fast while contested divorce procedure takes longer and depends on the religions of the couples.

DIVORCE UNDER VARIOUS ACTS IN INDIA:

  • The Hindu Marriage Act, 1955
  • The Parsi Marriage and Divorce Act, 1936
  • The Special Marriage Act, 1956
  • The Foreign Marriage Act, 1969
  • Dissolution of Muslim Marriages Act, 1939
  • The Dissolution of Marriage (under the Indian Divorce Act, 1869)
  • Judicial separation (under the Indian Divorce Act, 1869)

For More Details Call:

VED LEGAL,

Adv. Gajanan Rahate

Mob: 9763040088

E_mail: [email protected]