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How do I get a divorce by mutual consent?
Can a husband and wife get divorced by mutual consent?
What is the procedure of divorce with mutual consent in India?
What is mutual consent divorce?
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- It means both of the parties( husband and wife) are willing and agreeing to get separated.
- It varies somewhere between 25 thousand to 60 thousand case to case basis.
- The time required varies between 6 months to 1 year from the date of filing of the petition, depending on the case and in which court you are filin...
- There are 6 steps altogether - Drafting and petition, Court Summons, Response, Trial at court, Argument, Final Order.
- After 1 year from the date of marriage. Also, Partners should be staying separate at least for a year after marriage befor filing a divorce petition.
- Yes, Both partners need to be present in court during trial.
- You can remarry after three months from the date of decision issued by respective court.
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.
Aug 16, 2024 · Procedure. The process of mutual divorce in India can be categorized briefly in the following steps. Draft a joint petition for divorce, including the signed agreement and required documents. Submit Documents which means attach proof of marriage, proof of separation (such as affidavits or rent agreements), and any other necessary documents.
- 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
Jun 11, 2024 · What is the complete procedure to get a mutual consent divorce? A mutual consent divorce is one way of minimizing the trauma of ending a marriage when the marriage gets dissolved with mutual respect between the couple with minimum bad blood between the couple and their families. The entire mutual consent divorce procedure is as follows
The first step is to file a ‘Joint Petition for Divorce by Mutual Consent’ in the family court of the city where: The marriage was solemnized. The couple last lived together. The wife is currently residing.
Mutual Divorce is a legal process of separation, when both the husband and wife want to separate with their own will after marriage, is called at Divorce with Mutual Consent. Both husband and wife can apply for the divorce by mutual consent.
