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- The primary difference lies in the agreement between the parties. Mutual consent divorces are generally smoother and quicker as they bypass many of the procedural complexities involved in a contested divorce. There’s less stress involved, legal costs are lower, and both parties can move forward more quickly.
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What is divorce by mutual consent?
Can a husband and wife get a divorce by mutual consent?
What is divorce by mutual consent in India?
Does divorce by mutual consent fall under no fault theory?
Divorce by mutual consent, also known as mutual divorce, occurs when both spouses agree that their marriage has irretrievably broken down and that divorce is the best solution. Unlike other forms of divorce, mutual divorce does not involve allegations or blame against either party.
Jul 31, 2024 · Divorce by mutual consent falls under no fault theory where the parties do not have to prove fault on the part of another person. Under Hindu Law divorce by mutual consent was added by Section 13B which was included by way of Amendment by the Marriage law (Amendment) Act, 1976 and it came into force from 25th May 1976.
- 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
6 days ago · Mutual Consent as Ground: Couples can file for divorce by mutual consent, citing that they have lived separately for a year and that their marriage has collapsed beyond repair. The Supreme Court has held that the mandatory waiting period of six to eighteen months in cases of mutual consent can be waived, considering the circumstances, like in the case of Amardeep Singh vs. Harveen Kaur.
May 21, 2024 · Uncontested divorces are known as mutual divorce, while the ones that are being disputed are contested divorces. Let’s learn the difference between both in detail and how to navigate the same. Table of Contents. Divorce is the act through which a marriage is declared void, and both the parties involved in it are free to part ways or remarry.
In India, the law provides two ways to get divorced – ‘Mutual consent’ and ‘Contested’ divorce. Before we discuss the difference between both the ways of taking divorce, let’s get to know about the types of divorce first.
Jan 11, 2024 · Divorce by mutual consent under Hindu law. 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 ...
