{"id":3359,"date":"2023-08-28T19:00:06","date_gmt":"2023-08-28T13:30:06","guid":{"rendered":"https:\/\/legaltax.in\/blog\/?p=3359"},"modified":"2023-08-28T19:00:06","modified_gmt":"2023-08-28T13:30:06","slug":"process-of-mutual-consent-divorce-hindu-marriage-act-in-2023","status":"publish","type":"post","link":"https:\/\/legaltax.in\/blog\/process-of-mutual-consent-divorce-hindu-marriage-act-in-2023\/","title":{"rendered":"Process of Mutual Consent Divorce Hindu Marriage Act in 2023<\/strong>"},"content":{"rendered":"\n

Mutual Consent divorce<\/strong> are those in which both the husband and the wife agree to divorce. It is a physically and mentally exhausting process, but it is much simpler than the long drawn-out litigation that goes on when neither of the spouses is in agreement. In this case, the court assumes that the husband and wife are willing to work together on Mutual Consent divorce<\/strong> matters. Ultimately, it’s mostly a matter of process.<\/p>\n\n\n\n

Mutual Consent divorce<\/strong> procedures in India are governed by various Acts. If the couple is married under the Hindu Marriage Act, 1955, the rules of Mutual Consent divorce<\/strong> prescribed under this Act will apply. If the marriage was solemnized under the Special Marriage Act, 1954, the same would apply. All other divorces will be as per the Divorce Act, 1869.<\/p>\n\n\n\n

As per Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple must have lived separately for at least one year before divorce proceedings can be initiated. However, the Divorce Act, However, in 1869 the couple were required to live apart for at least two years. Keep in mind that living separately doesn’t necessarily mean living in different places; The couple only has to prove that they are not living as husband and wife during this period.<\/p>\n\n\n\n

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