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Aug 30, 2024 · Mutual Consent Divorce or Mutual Divorce is a situation where both spouses mutually agree that it is impossible for them to cohabit and that the best solution is for them to go for divorce. A mutual divorce petition is jointly presented before the Court without putting forth any allegations against each other.
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The concept of divorce by mutual consent in India is governed by the Hindu Marriage Act of 1955, which was later amended in 1976 to include provisions for divorce by mutual consent. Under this law, both husband and wife are committed to each other and can divorce if both consent to do so.
Nov 9, 2020 · The Delhi High Court observed that the husband having taken advantage of the agreement entered into with the wife in terms of the settlement, he could not withdraw the same to her detriment. It was thus held that the husband had wilfully and deliberately disregarded the settlement recorded in court on his own representation and accordingly ...
Nov 22, 2022 · Under Section 494 of the Indian Penal Code, entering into a second marriage without obtaining a legal divorce from the first spouse is generally considered a crime and is punishable. The punishment for bigamy, as outlined in Section 494 of the Indian Penal Code, includes imprisonment, which may extend to seven years, along with a fine.
Jul 29, 2019 · Free consent: The husband should accept the proposal made by the wife. There should be free consent on the husband’s behalf. The consent should not be influenced by force, fraud etc. Formalities: An offer must be made by the wife to free the husband from the matrimonial tie and husband needs to accept the offer.
Jun 27, 2023 · The Section expressly mentions the conditions under which the spouses can file a petition for the grant of divorce by mutual consent. In order to seek divorce on the grounds of mutual consent, the parties must have been living separately for a period of at least one year.
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