In India, the easiest way to obtain a divorce decree is through the process of mutual consent divorce. When both parties to a marriage, namely the husband and wife, mutually agree to end the marriage, the family court will grant what is known as a mutual consent divorce.
Benefits of both parties agreeing to the divorce:
There is no requirement to provide an explanation for the divorce, there will be no airing of dirty laundry in public, and your privacy will be respected. You can simply hire a Good Divorce Lawyer for filing and proceeding with the case.
This type of divorce can be completed quickly and at a lower cost.
In the event that all of the papers that have been provided are found to be satisfactory, the honourable court will grant it without delay.
Method that Does Not Involve Violence to Obtain a Divorce
Laws Regarding the Grounds for a Mutual Divorce:
In India, we have different personal laws based on whatever religion one belongs to. As a result, your religion dictates which law shall regulate your marriage and which law shall govern the procedure for getting a divorce. In order to file mutual divorce petition you have to hire best divorce lawyer who can fight the in positive manner.
Those who follow the Hindu, Sikh, Buddhist, or Jain religions are required to comply with the Hindu Marriage Act, which was passed in 1955.
The Special Marriage Act is applicable to those couples who have chosen to get married in court as well as those who come from different religious backgrounds.
Act of Divorce, 1869: Applies to anyone who identify as belonging to the Christian religion
The Muslim Marriage Act of 1939 is the primary legal document that governs the marriage and divorce regulations that apply to Muslim couples.
The section of each act that deals with mutual divorce is as follows:
Act of 1955 Concerning the Hindu Marriage
Both the husband and the wife now have the legal power, thanks to Section 13B of The Act, to end their marriage through a process known as “mutual consent divorce.”
13-B. Divorce by agreement of both parties –
(1) Subject to the provisions of this Act, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, regardless of whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together, and that they have mutually agreed that the marriage should be (2) If the petition is not withdrawn within the interim period, the court must, on the motion of both parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, pass a decree of divorce if it is satisfied that a marriage has been solemnised and that the averments in the petition are true. This motion must be made earlier than six months after the date of the presentation of the petition referred to. you have to find best divorce lawyer to file the case in best way and who can win case for you.
Act Regarding the Special Marriage:
Those who have registered their marriages under the Special Marriage Act are eligible for a divorce if both parties agree to the split under Section 28 of the Special Marriage Act, which was passed in 1954. The Inter-Religious Marriage and Court Marriage both fall under the purview of the Special Marriage Act.
Divorce Act, 1869:
Section 10A of the Divorce Act of 1869 allows couples who were married in accordance with Christian laws to obtain a divorce through the process of mutual consent.
What are the Benefits of Both Parties Filing for Divorce Together?
Because getting a divorce with mutual consent is the quickest and easiest way to obtain a divorce, doing so results in significant time, financial, and resource savings.
A fight between the couple that wasn’t necessary was sidestepped.
The couple’s right to privacy is respected at all times.
The following is a list of the essential requirements for a mutual divorce:
Both the husband and the wife are required to have lived apart from one another for a full year.
In the case of Christians, the recommended amount of time apart is two years.
Due to this separation, there will be no Congenial Relationship for the duration of the allotted time; and
Both the husband and the wife came to the conclusion that it was in both of their best interests to end their marriage.
To File for mutual Divorce Before submitting the petition, the couple needs to reach a consensus on a few key points, which are as follows:
child in care; custody
Alimony is a form of maintenance that is often paid out in one big sum.
Return of items such as the dowry, streedhan, and other such things;
Where can you submit a petition for a divorce if both parties agree to it?
The following are the jurisdictions in which you can file a petition for a mutual divorce:
Things You Should Know Before Filing for a Divorce Based on Mutual Consent:
Before filing the petition, there must be a separation interval of at least one year, or two years in the case of Christians.
It is possible for the couple to file a joint petition for a mutual divorce in the family court or district court of the location that: i. is their most recent residence; ii. is the location where the marriage took place; and iii. is the location where the wife currently resides.
iv. The whole procedure takes a total of six months.
v. Couples have the ability to push back the start of their second pregnancy by up to 18 months vi. By filing a separate application to waive off the Cooling period of Six months, this period can be shortened to within three months, and it can take effect immediately. (The entirety of this matter is subject to the judicial officer’s discretionary powers.)
In order to file for a divorce based on mutual consent, the following documents are required:
A proof of address, such as an Aadhaar card, a passport, an electric bill, or a ration card, must be provided by both parties (either one of them)
Wedding Card with the Marriage Certificate
Photographic Evidence of Marriage Required for Passport Submission Four Photographs of Passport Size
This is a comprehensive list, and the items on it change depending on the reasons given for filing for divorce.
Procedure to Follow When Filing a Petition for Divorce Based on Mutual Consent:
Petition to file for Mutual divorce:
The first thing you need to do is submit a joint petition to the family court or district court that has jurisdiction over your case according to the graph that is located above this one. The petition must state that both parties are unable to live together, that they have mutually chosen to end the marriage, and that they have been living separately for at least one year. Additionally, the petition must state that they have been living apart for at least one year. Both parties are required to sign the petition in the appropriate places.
First Motion: Once the petition has been submitted and the court has approved it, a date for the first motion will be given (in some places same day of Filing)
The Honorable court will hear the presentation of the Mutual petition by each respective lawyer.
After conducting an in-depth analysis of the papers and the petition that were submitted to the court, the judge The Honorable Judge may, upon being satisfied, direct the court to record the statements of the Parties; following this, the Parties are required to both sign and give thumb impressions in the Petition (the Parties’ Statements Will Be Recorded Under Oath), and then submit it before the Honorable Judge. After that, the initial motion will be granted by the court.
A Time for Calming Down
Following the conclusion of the first motion, there is a waiting period of cooling off time of up to six months before the second move can be filed.
The pair is given this amount of time to think about their decision before moving further. If they can come to an agreement to live together and give each other a second chance, the couple has the option of appealing to the court to have the mutual divorce petition dismissed, which the court will gladly do.
Second Motion: After the first motion has been pending for a period of six months, or at the conclusion of the reconcile time and the colling off period In the event that neither party is willing to budge from their refusal to cohabitate and wants to pursue a second motion. They have a window of opportunity of between six and eighteen months to submit their second motion.
The second Motion, also known as the Final hearing of a Mutual Consent Divorce, requires both parties to appear in front of the Family Court and record their comments. This hearing is also known as the “Final hearing of a Mutual Consent Divorce.”
The Decree of Divorce Is Granted by the Judge Finally, before granting the divorce decree, the hon’ble court will satisfy itself that both parties have amicably settled all issues pertaining to alimony, custody of a child, maintenance, property, and such other things, and that there remain no disagreements between the parties. This is done before the judge grants the divorce decree. The divorce decree will be granted by the court at long last.
Once the court grants a divorce decree in mutual consent, it cannot be challenged nor can you file for appeal in a higher court challenging the decree at a later date. It is the Final Order and nothing can change it. If you and your spouse both agree to the divorce, you will not be able to appeal it. Because a Consenting Decree of Divorce is what a Mutual Divorce is, this is the case.