What is Mutual Divorce?
Mutual divorce, as the name suggests, happens when both parties agree to be peacefully divorced. The conditions prescribed by section 13B of the Hindu Marriage Act are that the husband and wife should live separately for atleast one year, which decides that they can not live together, and that both husband and wife accept that the marriage has collapsed altogether.
A Divorce with Mutual Consent is a relatively swift process in court; however, divorce may not be granted instantly. After filing for divorce, the court may ask the couple to reconcile their differences over six months and make the marriage work. Depending on the circumstances, this period may be reduced. If either party is overseas, the proceedings may be completed using video-conferencing software as well.
Procedure for Mutual Divorce
Filing a Petition: We will connect you to lawyers, who will file a petition in court containing a joint statement by both parties that, due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court.
Second Motion Petition: After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they must re-appear in court.
Divorce Decree: After hearing from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree.
FAQs on Divorce with Mutual Consent
What are the advantages of divorce by mutual consent?
Divorce by Mutual consent saves time, money and energy for both. It leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public.
What are the various laws dealing with divorce in India?
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.
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