Learn how to file for divorce online, simplifying the process. Discover the convenience and steps involved in online divorce filings.
Marriage has long been seen as a sacred institution in all religions around the world. It is thought that partnerships are formed in heaven and that couples only meet on earth. It’s not just a union of two people; it’s a connection between two families. In any case, marriage is still an agreement, and it, like all other types of agreements, can be terminated.
Divorce Application is a term that is used for the dissolution of a marriage. If relations for both you and your mate are not going well and you are having issues, and both of you have agreed to officially separate, the petition can be filed under Hindu Marriage Act, 1955 for the divorce procedure. In other words, mutual consent divorce happens when both partners are on the same page to part ways and end their marriage by Divorce Application.
The Considerations in a Mutual Consent Divorce
Where the marriage is performed under Hindu Marriage Act, 1955, the divorce cases in India needs to be filed under Section 13(B) which talks about Mutual Consent Divorce, and the requirements that must be fulfilled in order to get mutual consent divorce are mentioned below:
- The married couple should have lived apart for at least a year.
- To obtain a mutual consent divorce, there must be no force, fraud, or undue influence between the spouses, as well as free consent.
- There is no hope of reconciliation or adjustment between the married couple.
Mutual Consent Divorce Procedure
Section 19 of the Hindu Marriage Act, 1955 specifies the judicial power where a petition for Divorce application can be filed. It is mentioned that a divorce petition can be filed at the Family Court of the county in which
- The marriage was legally performed
- Where the couple last resided together
- Where the wife lives
There are multiple stages associated with obtaining a divorce with mutual consent. In India, the procedure for divorce commences with filing a petition, as specified in Section 13B of the Hindu Marriage Act. This process also incorporates two motions.
The Preceding are the key Steps:
- Joint Petition: The first step is to file a joint petition in the appropriate family court. Both parties must sign this joint petition. The divorce petition includes a joint statement from both parties stating that they can no longer live together owing to irreconcilable differences and should be allowed a separation. This statement also includes an agreement to divide possessions, child custody, and so on.
- Both Parties Attend Court: After the petition is filed, the second step in the procedure is for both sides of the divorce to present in family court. The court sets this date, and the parties arrive with their attorneys.
- Court Review of the Petition: After that, the court examines the petition and the documents released by the parties. When and if the authority is satisfied, it orders the recording of the parties’ sworn declarations. In some circumstances, the court strives to bring the parties back together. The court begins with a Mutual divorce draft and procedure if the couple does not agree to reconcile.
- Recording of Remarks and Entry of the Order on the First Move: After the parties’ statements have been recorded under oath, the court enters an order on the first motion. Following that, the parties are given a 6-month period during which they must file the second motion. This should be submitted within 18 months following the filing of the petition for the first motion.
- Second Motion: If both parties have not agreed to come together after 6 months of the first move or by the conclusion of the reconciliation period, they might present the second motion for the final hearing. This also includes the parties appearing in court and having their statements recorded. In a recent decision, the Supreme Court ruled unequivocally that the six-month period is not required and can be waived at the court’s discretion. If the second motion is not filed within 18 months, the court will refuse to grant the divorce decree.
- Verdict of the Court: The free consent of both parties is the key necessity for granting divorce by mutual consent. In other words, a judgment for divorce by mutual consent cannot be granted even if there is a complete agreement between the husband and wife for the winding up and the court is completely pleased. The court issues directions or instructions and terminates the marriage based on the declarations collected by the parties and the specific events that occurred in the cases. The court: https://districts.ecourts.gov.in/ subsequently issued the divorce decree, and the Divorce application is now final.
How Long Does a Mutual Consent Divorce Take
The total time from the time of submission to the date of the judgment must be at least six months. However, many additional variables are crucial in deciding any case, and it varies from case to case. Academic divorce can be resolved by mutual consent in six months. You can also get Alimony for Divorce application.
Advantages of the Mutual Consent Procedure
Divorce is understandably painful, and it shatters families. When both parties agree that a split would be mutually good for both sides, the procedure is sometimes simply worth going through. If you find yourself in this scenario, a mutual consent Divorce application may be the wisest solution for all parties.
- Parties avoid unnecessary procedures
- Rapid and efficient results
- Cost-effective and trouble-free lawsuit
- Autonomy over the terms of a settlement
- There will be no bitterness or exploitation of the parties to the action
- The Hindu Marriage Act of 1955 is the genesis of the Bare Act
This page has exclusively discussed the Divorce procedure here above and how a marriage ends by mutual consent under the Hindu Marriage Act of 1955. Learn more about your rights and read law-related topics at Vakilsearch.
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