Legal Consultation For Mutual Consent Divorce From Expert Lawyers in India

Prior to 1976, Special Marriage Act, 1954 was the only Indian statute dealing with the provision of divorce by mutual consent. In the above stated Act the marriage has to be solemnized under the same Act to take help of this resort. The court before granting divorce by mutual consent has to satisfy itself that the consent has not been obtained by force or fraud. Under section 28 of Special Marriage Act, 1954 first requirement is that the couple should have been living separately for a period of one year before presenting the petition to the District Court. And secondly a cooling off period of 6months but not exceeding 18months and if the petition is not withdrawn then the court can after hearing the parties grant them divorce.

Then in 1976 through an amendment in Hindu Marriage Act, 1955 the Parliament of India inserted the concept of Divorce by Mutual Consent. This concept helped in ending the futile relationship of the couple. It also helped in ending the long -term proceeding.

The mutual divorce parties are always baffled with the issues of child custody, alimony, jurisdiction of the court, in what time mutual consent divorce is to be sought. For this it is necessary to consult an experienced lawyer and take the use of technology. Two motions have to be completed in order to take the resort of this option.

Which Court can take Jurisdiction?

Court where marriage has been solemnized.
Court where couple last lived.
Court where wife is residing at present.

Sec:13 B of Hindu Marriage Act talks about Divorce by mutual consent. There are two requirements of this section firstly, the couple had been living separately for a year which will be immediately preceding the presentation of petition and secondly, cooling-off period of 6months but not more than 18 months is given with an intention to give time and opportunity to both the parties. The marriage For getting the consensus in Divorce by mutual consent both the parties has to agree to the mutual terms of maintenance and alimony.

The requirements which have to be complied for taking resort u/s 13 B are

Parties living separately for a period of one year.
Not able to live together.
Mutually agreed by the parties to dissolve the marriage.

Talking about the other laws firstly, there is no explicit statutory provision for divorce by mutual consent in Muslim Law. Secondly, in Parsi Law by amendment in 1988 in Parsi Marriage and Divorce Act, 1939 provision for divorce by mutual consent was added. There is no interregnum between filing of petition and the second motion. Parties should be living separately for a year with mutual consent and if court is satisfied that there is no fraud or force then can grant the same. Thirdly, through an amendment in Indian Divorce Act, 1869 in 2001 divorce by mutual consent was added. Two motions have to be followed i.e. living separately for two years and an interregnum of six months. And the Court needs to satisfy itself of any averments in petition.

Get a Legal consultation for Mutual Consent Divorce from expert lawyers in India on Lawtendo.com

How it Works

Our Lawtendo Partner lawyers will help you mutually file a divorce settlement
You must ensure that you have lived separately for a year before filing.Joint Statement and Affidavits will be required from both parties.
File First Motion and Second Motion (after 6 months)
There must be a clear agreement between parties on custody of children, return of ‘sthreedhan’, property, alimony, etc. – drafted perfectly and unambiguously by efficient lawyers.
Our partner lawyers will guide you in each and every step along the way.
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FAQ

Mutual divorce filing under 13B. How soon can it be filed?

If each the parties i.e. the Husband and married person ar prepared, and therefore the documents ar prepared then the petition are often preapred in an exceedingly} day and therefore the same are often filed on the very next day ... Subject to the provision of each the parties and therefore the leader at the tribunal.

What is the procedure for filing mutual divorce

After the expiration of 1 year they will file a petition for mutual divorce before the territorial tribunal. however they have to say within the petition that they were separated one another one year previous or otherwise it'll be tough to get the decree.

What is the procedure for mutual divorce under muslim law

Under Muslim Law, there square measure 2 sorts of mutual consent divorce, namely: Khula and Mubarat.In each these forms, the partner agrees to half or dropping of her dower or a vicinity of another property.As per Muslim Law in a very case of mutual consent divorce, the partner has to pay some compensation for dissolving the marital union.

What is Mutual Divorce?

Under Section 13B of Hindu Marriage Act, 1955, all marriages solemnized before or after Marriage Laws (Amendment) Act 1976 can be annulled before the court if both the parties consent to divorce mutually with free will and consent. Prior to filing of the petition, both the parties should come to terms and conditions regarding alimony, maintenance, child’s custody right and education and other ancillary matters. Mutual Divorce serves to be the quickest relief for a failing marriage.

How to Apply for Mutual Divorce?

Both the parties on agreeing to certain terms and conditions mutually can file the petition in Family Court of the concerned jurisdiction. Parties can file their case either at the place of their marriage or place of their current residence mentioned on ID proofs going to be attached along with the petition. The petition is filed along with affidavit declaring the contents to be true and memorandum of understanding between the parties regarding child, maintenance, property/estate or other ancillary matters.

Is there a time limit to file the case?

Mutual Divorce can only be filed after a separation of one year post marriage owing to any reason whatsoever unless the separation is challenged itself which rarely is a case in mutual divorce as parties have agreed to get separated mutually. No divorce case- mutual or consented will be accepted by the court before the completion of 1 year of marriage.

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