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Divorce by Mutual Consent

“Divorce doesn’t mean a failure; it’s actually a step towards self-realization and growth”

Ending of a wedding legally is divorce and also the easiest and the least traumatizing thanks to get a divorce and dissolve the wedding which isn’t working for either of the spouses is by mutual consent.

The entire procedure of dissolution of marriage in India is initiated with a petition for divorce which is filled by either of the spouses related to the divorce procedure with the notice of an equivalent being served to the opposite one.

In a mutual consent divorce, the husband and wife mutually comply with separate and end the wedding . As a result, mutual divorce saves tons of your time also as money as compared to a contested divorce. additionally , it’s also easier to file for a mutual consent divorce. Under Section- 13B of the Hindu Marriage Act, 1955, a provision has been provided for mutual consent divorce wherein certain conditions must be satisfied by the parties to urge a divorce. additionally , Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to Online mutual divorce.

For instance, under the Hindu law if the aggrieved couple has been living separately for a period exceeding 1 year a minimum of and if the couple is further unable to cohabit together, and both the spouses have mutually agreed that their marriage has completely collapsed, the court can grant divorce to the couple.

Requirements

ON YOUR SIDE

What are the requirements to remember in a mutual consent divorce?

  • The husband and wife must have been living separately for at least 1 year.
  • There must be no coercion, fraud or undue influence between the spouses and there must be free consent to get the mutual consent divorce.
  • There is no possibility of adjustment or reconciliation between the husband and wife.

What is the complete procedure to get a mutual consent divorce?

A mutual consent divorce is one way of minimizing the trauma of ending a marriage when the marriage gets dissolved with mutual respect between the couple with minimum bad blood between the couple and their families.

The entire mutual consent divorce procedure is as follows:

There are 2 mandatory appearances for the couple to be made within the domestic relations court during a mutual consent divorce proceeding. In a mutual consent divorce, both the spouses act as Petitioners because both the spouses are in agreement to dissolve their marriage.The first step towards initiating the divorce procedure is to draft a joint divorce petition and file it at the relevant family court. Subsequently, the spouses would present their separate lawyers to represent them within the court.The mutual consent divorce petition consists of a joint statement by the couple stating their incompatible differences which they will not cohabit together and thus , should be granted a divorce.The same joint petition further consists the agreement concerning the custody of youngsters , splitting of assets, alimony, maintenance, etc.In the first motion, statements of both the spouses are recorded then signed on paper within the Court.After this, a 6 month cooling off period (not mandatory) is given to the couple towards one final attempt for reconciliation which is solely to supply one last hope for the couple to re-think about their divorce and check out and make things compute .After the lapse of the said 6 months also referred to as the reconciliation period, if both parties still don’t comply with cohabit together, then the spouses need to appear for the second motion called the ultimate hearing.

A recent Supreme Court judgement categorically stated that the 6 months reconciliation period (cooling off period) isn’t mandatory in cases where the couple has genuinely resolved all their matrimonial issues already and thus , the cooling off period are often waived off but depending upon the discretion of the court.

Besides this, if the second motion isn’t made within 18 months, then the court will simply cancel the decree of divorce.

In addition, under the law it’s clearly mentioned that either of the spouse can withdraw their consent at any time before the court passes the divorce decree. Above all, the foremost important requirement for getting a mutual consent divorce is free consent of every spouse. In other words, unless there’s absolute agreement between both the spouses to finish their marriage and unless the court is totally satisfied with an equivalent , no divorce are going to be granted.

Contact

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Chamber no 759, Dwarka Court, Delhi 110075
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info@onlinemutualdivorce.in
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+91 96547 09368
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Frequently Asked Questions

What are the numerous benefits of a mutual consent divorce?
  1. A mutual consent divorce removes unnecessary disputes thereby saving plenty of time as well as money for both the spouses.
  1. In addition, decisions pertaining to child custody, maintenance as well as property rights can easily be agreed upon mutually even before the marriage is dissolved.
  1. In a mutual consent divorce, the court simply confirms and legalizes whatever is mutually agreed upon by the couple.
Where can a couple file for a mutual consent divorce?

The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Are divorce laws different for different religions in India?

Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,

  • Divorce laws for Hindus including Sikhs, Jains and Buddhists are provided under the Hindu Marriage Act, 1955.
  • Divorce laws for Christians are governed under the Indian Divorce Act, 1869.
  • Divorce laws for Muslims are governed under their personal laws of Divorce and Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Divorce laws for all the inter-religion marriages are governed under a secular law i.e. the Special Marriage Act, 1954.

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