All About Mutual Consent Divorce (Divorce laws in India)
This breaks the marriage irrevocably, wherein both the partners mutually consent to a divorce and lawyers in bangalore for divorce can guide couples through this legal process. Section 13B of the Hindu Marriage Act, 1955 (as amended in 1976), requires both parties to jointly file a petition in a family court citing that they have been living separately for more than a year and, therefore, can no longer live together with each other.
This type of divorce allows couples to approach a family court for a divorce petition jointly. Over the first motion there is a wait period of six months before the second can be filed (this can be waived in exceptional circumstances). Mutual consent divorces do not require any allegations on either party because both parties consent.
All agreements are made under terms free from undue influence or coercion from others. It gives dignity to marital disputes for they cannot cohabit anymore because of irreconcilable differences.
Laws Governing Divorce in Different Religions.
Laws regarding divorce in India are based on religion. Each religion prescribes its laws, including those relating to marriage and divorce, for its adherents. Here are some of those laws:
Hindu Marriage Act, 1955:
Hindu or applied to other religions like Buddhists, Jains, and Sikhs.
The grounds for Divorce are: Adultery, cruelty or desertion, conversion, unsoundness of mind, venereal disease, presumption of death, and no resumption of cohabitation.
Dissolution of Muslim Marriage Act, 1939:
Applicable for: Muslims.
Divorce Grounds: Cruelty; non-maintenance; insanity; leprosy; venereal disease; and desertion for four years.
Indian Divorce Act, 1869:
Applicable for: Christians.
Grounds for Divorce: Adultery, cruelty, desertion, converting or professing another religion, unsoundness of mind, and venereal disease.
Parsi Marriage and Divorce Act, 1936:
Applicable to: Parsis.
Grounds of Divorce: As in Hindu marriage, for adultery, cruelty, desertion, and conversion.
Special Marriage Act, 1954:
Applicable for: Inter-faith marriage and civil marriage.
Grounds for Divorce: Same as the Hindu Marriage Act, which includes adultery, cruelty, desertion, and conversion.
All these laws ensure that the divorce proceedings go along with the religious and cultural practices of the party concerned. For further details or assistance concerning a specific case, it is advisable to consult legal counsel.
What does Divorce Law state for Mutual Consent Divorce?
Section 13B of the Hindu Marriage Act, 1955, allows couples to amicably end their marriage without assigning blame. The process requires both spouses to jointly file a petition stating they have lived separately for at least one year and cannot live together. After the first motion, there’s a six-month mandatory waiting period before the second motion can be filed unless waived. Consent must be genuine and free from coercion, ensuring a dignified resolution to marital disputes.
Step-by-Step Process for Filing a Mutual Divorce Consent
Applying for Mutual Consent Divorce in India
Step-wise instructions are given below to apply for mutual consent divorce:
- Mutual Agreement: The spouses must agree upon ending the marriage and all the issues like child custody, alimony, and division of property.
- Period of Separation: The couple should have stayed apart for a minimum period of one year just before filing the petition.
- Draft the Petition: Both parties jointly file a petition in the family court mentioning the grounds of divorce and their mutual concern.
- Cooling Period- There is a mandatory waiting period of six months from the date of filing of the first motion before the second motion can be made.
- Proceedings in Court: Thus on acceptance of both motions the decree would be granted dissolving the marriage.
Documents Required to File for Mutual Consent Divorce
To be prepared for mutual consent divorce in India, several documents need to be collected and filed. Here’s a brief list of important documents required for applying for mutual consent divorce in India:
- Marriage Certificate: The proof of marriage.
- Address Proof:For husband and wife.
- Financial Documents: Income tax returns for the last three years, salary slips, and professional and income details.
- Photographs:At least four marriage photographs.
- Child Documents (if any): Details of child custody and support arrangement.
- Spousal Support Agreement (if any): Any alimony/maintenance agreement.
- Divorce Petition:Joint application signed by both parties for prayed divorce.
- Proof of Separation: Evidence of the parties being separated for at least one year.
These documents assist in the situation at the court and declare that both parties apply for divorce. It is always recommended to take advice from a legal expert concerning such paperwork.
Expenses Involved in Mutual Consent Divorce
The process and steps in mutual consent divorce vary based on several factors like income for a lawyer, fees for the court, location, and how complicated a case is with most fees coming up to INR 15,000 to 30,000 and sometimes more. However, that is not all. They often wouldn’t divorce as contested divorce, it is cheaper because of so little litigation and fewer court proceedings.
Quick and Speedy Divorce Option
Under the scenario of speedy resolution, Mutual consent divorce is the best. All issues concerning child custody, alimony, and property division must be amicably reached through both parties while they keep the communication channel wide open. You can use these sites to do all the necessary paperwork for divorce online. Quickened processes for marriages not lasting much are also much faster through no-fault divorce methods being made available to both parties. The approach will smooth out the process and even speed up the resolution as it gives both a chance to move on with little cost attached. It is wise to seek advice from a legal professional to know the rates as well as the timeframes associated with your case to know how to approach everything nicely and informally through this process.
