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- The parties can seek divorce by mutual consent by filing a joint petition in a district court. Grounds for filing the petition: They have been living separately for a period of one year or more, or They have not been able to live together, and They have mutually agreed for the divorce and terminate their marital relationship.
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What is the provision of divorce on mutual consent?
Can a husband and wife get a divorce by mutual consent?
Can a spouse file a petition for divorce by mutual consent?
Is mutual consent a ground for divorce under Hindu Marriage Act?
6 days ago · Key Findings in Mutual Consent Divorce: Possibility of waiver of the six-month waiting period. Supreme Court's exercise of power to ensure justice. Provisions for case transfer to simplify legal process. Future Implications: More flexible legal framework for divorce by mutual consent.
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17 hours ago · Smt. Sureshta Devi and Om Prakash married on November 21, 1968, and lived together for six to seven months. Following separation, both parties filed a joint petition under Section 13-B of the Hindu Marriage Act for divorce by mutual consent. However, before the final decree could be passed, Smt. Sureshta Devi retracted her consent, alleging ...
- Introduction
- Divorce Under Old Hindu Law
- Conclusion
- Frequently Asked Questions
- References
Marriage forms the basis of the most important institution of a civilised society, i.e., the family. Family is considered to be an indivisible part of a civilised society, be it the evolution of human culture or preserving morality. A happy and stable family forms the foundation of a strong and sound community. The importance of the institution of ...
In the early ages, the concept of divorce was alien to the laws of Dharamshastra, since marriage was a holy union of two people, and hence, the bond was unbreakable. Marriage was contemplated as being an indissoluble union of the wife and husband. The people back then were of the opinion that the marital tie between a couple could not be severed un...
Divorce is a serious issue and must be used only as a last resort, however, these days people do not think twice before getting divorced. It splits families and the child of the separating couple has to go through serious trauma growing up with separated parents. Having said all that, countries having higher divorce rates have higher standards of w...
Is it possible to obtain a decree of divorce precisely on the same grounds on which a decree of judicial separation is obtained?
In the absence of a fresh matrimonial offence, the petitioner cannot apply for a decree of divorce, on the same grounds as those taken in obtaining a decree of judicial separation. It is crucial to understand that the scope and ambit of both judicial separation and divorce are qualitatively different.
What are the two additional grounds on which a wife can seek a decree of judicial separation, other than the ones which are common grounds for both spouses?
A wife can seek a decree of judicial separation on the ground of bigamy (Section 13(2)(i)), i.e., when the husband already had a wife at the time of his marriage. Another ground provided under Hindu law is rape, sodomy, or bestiality (Section 13(2)(ii)). The third additional ground provided to the wife is that if she was married before the age of puberty (15 years), she can seek a decree of judicial separation after attaining a majority (Section 13(2)(iv)).
What documents are required for filing for divorce?
Whether the parties opt for divorce under Section 13 or Section 13 B of the Hindu Marriage Act, 1995, the petitioner while filing the petition is required to file proof of their marriage (the marriage certificate), proof of the ground that he or she has taken for seeking the decree of divorce, and respective identity proof of the parties to the marriage. Also, the divorce petition must be filed along with an affidavit.
- Rachit Garg
Jul 31, 2024 · As per Section 13B (1): A joint petition for dissolution of marriage shall be presented before the District Court. Whether the marriage was solemnized before or after commencement of Marriage Laws (Amendment) Act, 1976. The parties should have been living separately for a period of one year or more.
Sep 21, 2024 · Divorce by mutual consent requires both parties to agree to the dissolution of their marriage without protest. The essential conditions under the applicable legal provisions are as follows: Section 13B of the Hindu Marriage Act, 1955: This clause affects Hindu, Sikh, Jain, and Buddhist spouses. The parties must have been living separately for ...
Jan 11, 2024 · What is divorce by mutual consent? If the parties i.e. the husband and wife have been living separately for one year or more, they may agree to mutually dissolve their marriage and approach the court with a divorce petition on the ground that they have not been able to live together and would like to obtain a divorce by mutual consent. 4.
Jul 23, 2021 · Introduction. The perception of the Hindu Marriage Act, 1955 on divorce by mutual consent. Section 13B of the Act. Essential ingredients of Section 13B. Parties should be living separately for at least one year. What does the expression ‘living separately’ mean. Parties have not been able to live together.
