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What is a divorce by mutual consent?
When can a divorce by mutual consent be filed?
What is a mutual divorce?
Can a married person file for divorce by mutual consent?
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.
- 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 29, 2019 · In this article, she has discussed the provisions related to divorce by mutual consent, the procedure to file for mutual divorce and unilateral withdrawal of consent when the petition is already filed in the Family Court.
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.
Aug 30, 2024 · What is Mutual Consent Divorce? 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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Divorce is a legal process of separation after marriage, when both the parties (husband and wife) wants to separate with their own will after marriage, is called at divorce with mutual consent. Both husband and wife can apply for the divorce mutually.
May 24, 2020 · I. Divorce by mutual consent – Meaning. To begin with, divorce by mutual consent is the most civilized way of termination of a marriage. When the couple came to the conclusion that their marriage came to an end, they can agree to terminate the marriage by mutual consent.
