Divorce by mutual consent in India is an easier and less expensive process than divorce without mutual consent. It is a process where the parties to a marriage are legally separated. Mutual consent divorce occurs when both the husband and wife give mutual consent to separate after marriage of their own free will.
This type of divorce involves the consent of both the parties to the marriage. This is a less painful process because both parties present their desire to separate. It is an amicable way of dissolution of marriage. This includes decisions such as alimony, child custody and property settlement. With the help of legal professionals, it becomes easier for the parties to prepare documents, comply with all the necessary conditions, attend court hearings and obtain a divorce decree. It helps both the husband and wife to end their marriage in a dignified manner.
Benefits Of Mutual Divorce in India
Applying for Mutual consent divorce helps the parties to save a lot of time, money and unnecessary fights. It is a quick form and saves the parties from suffering mental stress. It gives a mutual decision to the parties to consider maintenance, child custody and other related matters.
Due to the diverse nature of Indian culture, different religions have different laws regarding marriage and divorce.
- For people belonging to the Hindu religion, Hindu marriage deals with the provisions relating to Mutual consent divorce under section 13B of the Hindu Marriage Act, 1955.
- Those who are not governed under Hindu law can file for divorce under section 28 of the Special Marriage Act, 1954.
- For people of Zoroastrianism, Section 32B of the Parsi Marriage and Divorce Act, 1936 governs Mutual consent divorce between two Parsi parties to a marriage and separate laws have been made for people belonging to other religions such as Christians and Muslims etc. Are.
- If the parties to the marriage do not follow any particular religion, they can file a civil suit in a competent court for Mutual consent divorce.
- The custody of a child is a crucial condition to choose.
- Alumni/Maintenance – A Certain sum of the money has to be paid by one party in installments or in lump sum amount for the maintenance of the child.
- Agreement of ownership of properties and equities among both parties to the marriage.
As per the provision mentioned under Section 25 of the Hindu Marriage Act, one party to a marriage has to provide maintenance to the other party either in lump sum or in installments as mutually agreed upon between the parties. If both the parties to the marriage are working and there is a substantial difference in income between the wife and the husband, the wife shall be entitled to alimony to control the same standard of living as her partner. If the wife is not working, then the amount of alimony, educational qualification, Age and his earning capacity. If in any case, the husband is not working and is disabled, then it is the responsibility of the wife to pay alimony to her husband.
Section 13B of the Hindu Marriage Act, 1955 defines certain essential conditions required to make an application for Mutual consent divorce. These are as follows:
- Both the parties to the marriage have to agree to the dissolution of their marriage.
- Both the parties agree to jointly file an application for divorce by free consent.
- As per the provisions of the Act, both the parties have to live separately for at least one year.
- Both the parties have to agree that it is not possible for them to live together.
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One of the important things required under Mutual consent divorce is the preparation of documents in advance for filing before the court. Generally, persons opting for mutual divorce are more prepared to proceed. Advanced preparation helps to expedite the process and avoid wastage of time.
Given below is the list of documents required to file a petition for Mutual consent divorce. It is always good to have a legal professional to consult you for filing a petition and submitting documents before the competent court.
- Marriage certificate
- Four wedding photos
- Address proof of husband
- Address proof of wife
- Income tax details of the party earning the income
- Profession details
- Description of movable and immovable property
- Family details of both the parties
- Proof that the parties have been living separately for a period of one year
Given below are the steps for the parties to obtain Mutual consent divorce. These are as follows:
- Filing joint petition
The first step to get a divorce is to file a joint petition signed by both the parties in a competent family court. It must be stated in the petition that the parties do not want to continue with their marriage due to some reasons and differences between them. The statement should also mention mutually agreed decisions regarding custody of the child and disposition of property and assets.
- Appearing in court
After filing the joint petition, both the parties have to appear in the court on the date given by the court. Both the parties should be present with their respective lawyers.
- Examination of the petition by the court
After the above two stages are completed, the court examines the submitted documents and the petition. If the court finds the documents and the conditions listed for divorce to be appropriate, it shall order the recording of statements of the parties under oath.
In certain circumstances, the court also tries to reconcile the marriage between the parties.
- Recording orders and passing statements
After the statements of both the parties are recorded, the court passes the first motion order. The court gives a period of 6 months to the parties before filing another motion. The second proposal is required to be filed within 18 months from the date of filing the first proposal.
- Present for second motion
After the expiry of the time period of 6 months, the parties are allowed to file a second motion. Time period is provided to the parties so that they can try to reconcile their marriage if there is any possibility of saving the marriage.
- Court decision
If the parties do not succeed in reconciling their marriage, the court, after being fully satisfied that the consent of both the parties is free from any undue influence and is mutual, The court grants divorce by putting an end to the legal marriage of the parties.