Lawsuits for mutual divorce are quick and simple, as they are processed by courts faster in comparison to a contested divorce.
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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.
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.
After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they must re-appear in court.
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.
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.
When can the divorce by mutual consent be filed?
The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.
Where is the petition for divorce by mutual consent filed?
In the family court of the city/district were both the partners lived together for the last time.
What happens after filing of the divorce petition?
After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.
Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?
During the period of 6 months when the petition is pending in the court, any of the parties is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. In such circumstances, the court grants no divorce decree.
What happens after the 6 months period if there is no application for withdrawal?
After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.
Can the spouse consent for remarriage without getting divorce from existing partner?
Remarriage without a divorce is a punishable offence with seven years imprisonment.
When can a divorcee remarry?
Depending on the nature of decree, after the expiry of three months from the date of decree, if no notice of appeal is received by the person remarrying from the other person.
Is the statutory cooling off period of 6 months mandatory?
The period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.
How can NRIs file for mutual divorce?
NRIs/non Indian couples who got married in India can file for a mutual divorce in India. The couple can also file a divorce petition in a foreign country, under the laws of that country in which the couple resides, but the decree passed by foreign courts should not be inconclusive of Sec 13 of the Civil Procedure Code, 1908. Hence, it is subject to discretion of the Indian Courts, if challenged otherwise.
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