What is a Mutual Consent Divorce? All QnA

Divorce is a process that makes marriage legally and mutual divorce is the easiest way to end your marriage. In mutual divorce, both the parties mutually agree to separate and dissolve. Because of this mutual divorce, it is important to save a significant amount of time and money as compared to a contentious divorce.

Table of content (toc)

Moreover, it is easy to file for mutual divorce. The division of sev per se is provided for by section 13B of the Hindu Marriage Act, 1955, which has certain conditions that must be met by both the parties by splitting the party.

For example, if the husband and wife have been living for a period of one year or more and they are not living together, and both of them mutually agree that the marriage is solemnized, then  They can get divorced.

Research says that divorce through mutual consent is one of the fastest ways in India, as other options have been around for a very long time. The law states that all marriages solemnized before or after the Marriage Laws (Amendment) Act 1976, if annulled, can be annulled on the appearance of consent before the court.

The need for compliance with the following requirements for a mutual divorce:

• Both the parties are staying for a period of one year. It is suspected that it was done by the law makers that the parties parted by mutual consent or circumstances. But the court may not necessarily go into that matter, irrespective of whether the matrimonial couple is satisfied in the case of different living or different residences under the same roof of the House. Unless the consent of either party to such a petition is deviating from obstruction, fraud or undue influence, the court shall not go beyond the legal position of its jurisdiction.
•  Both sides have failed to stay for whatever reason. In other words, no reconciliation or adjustment is possible between them.
• The parties have freely agreed to the dissolution of the marriage.
• The parties are at liberty to take up the petition. It appears that the petition may be withdrawn on the request of either side during six months from the date on which it is granted. But when violence and the Bill will be punished after the ceremony until the end of the six months of presentations by the parties, which will be punished by the ability to repeat the unit's absence of sanctions.

Mutual divorce process

• Mutual consent is the presence of two courts in divorce proceedings. A joint petition signed by both the parties has been filed in the concerned court. In divorce petition, joint statement includes joint statement that because of their innocent differences, they cannot live together and they should get divorced. This statement includes partition properties, custody of children etc., which are in motion first, the statements of both the parties are registered and then the paper is signed in the form of Hon'ble Court. Thereafter, there is a period of 6 months for conciliation, (The Hon'ble Court is given an opportunity to change its mind).
• 6 months after the first resolution or by the end of the conciliation period, if both the parties still do not agree to come together, the parties may appear for the second motion for final hearing.
• The party to the second motion may appear at the last hearing for the first motion 6 months or until the end of the conciliation period, if both parties do not agree to come together.
• If the second motion is not brought within a period of 18 months, the court will not pass the order for divorce. Further, with the language of the section, as with the permanent law, it is clear that one side can withdraw your consent at any time before the order is passed.
• The most important requirement for the division of the crowd for mutual consent is the free management of both the parties. In other words, unless there is a perfect agreement between the husband and the wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot order a marquette agreement for divorce. In the final stage, a divorce is ordered if the divorce court is correct.

Benefits of Mutual divorce

Divorce by mutual consent eliminates unnecessary quarrels and saves a long time and monetary resources. With the increasing number of applications for divorce, mutual consent divorce is the best option.

Where to enter a divorce case?

The parties are required to enter into a divorce in the family court of the city where both partners were last, that is, at their marital home.

Can the mutual divorce order be achieved through notary?

No mutual divorce can be given through a notary in India. A valid order of divorce can be given only by a family court of appropriate jurisdiction.

Is Divorce Laws Different Different Religions in India?

Yes, like marriage laws, divorce laws are also different for different types. Divorce for Hindus is governed by the Hindu Marriage Act, 1955.  It includes Sikhs, Jains and Buddhists who are governed by the Christian Divorce Act, 1869.  Muslim talaq is divided between separate talaq laws and the Disputes of Profits of Marriage (Protection of Divorce) Act, 1939 and the Divorce of Marriage (Protection of Divorce) Act, 1986. For inter-religious marriages, a secular law, the Special Marriage Act, 1954.

Can one side be back to the petition for divorce?

Before the first month and during the time of the resolution or the time difference between the two parties may take an application by the court before the court, stating that they do not intend to divorce by mutual consent. In such a situation, the only option is to file for a controversial divorce on the other hand. Controversial divorce can be filed on the following grounds - Cruelty, Abandonment, Voluntary sex with another person, Unhealthy mind, Conversion of religion, Leprosy, Sexual disease, Abandonment of the world and disappeared for a period of more than 7 months  .

Can the favor of the pavilion without divorce?

For Hindi, talaq is a condition. If you dare without talaq, it is a punishable offense with imprisonment of 7 years.

Is the presence of sides to get divorce order?

In most cases, the first parties to the court must be present during the first and second motions. Only in rare cases, may camera action be allowed where courts are assured that the party's presence cannot be conducted by all possible means and thereafter it is entirely at the discretion of the court.

How can NRI get divorced from mutual consent?

In case of divorce of an NRI couple, they can file a divorce petition under the laws in the country where they are currently on both sides. It mandated that orders by foreign courts should not be in conformity with Section 13 of the Civil Procedure Code, 1908. In fact, if the divorce petition is filed in India, where one of the favors is residing abroad, the court may allow on-camera proceedings.

What happens when the mutual consent is obtained by the force or compulsion?

If mutual divorce is obtained by force or by force, it is the duty of the court to enforce the consent if the consent is not cruel. If the court fails to determine whether the consent has been given freely or not, the order of divorce cannot be treated as an order of mutual consent. The aggrieved party may make an appeal for the cancellation of a decree.

Is six months legal passive timeline mandatory?

No, there is no mandatory legal idle time for six months. If the court considers correctly, it can grant an exemption to this period. This means that if the couple has mutually decided to dissolve from their marriage, they can request to speed up the process and wait up to six months.

How is the issue of maintenance in the case of mutual divorce?

In case of mutual divorce, the divorced husband and wife must agree on the frequency or amount of maintenance, which can be given by the husband or wife by the spouse.

How does the detention of children's detention in divorce cases?

Divorce through mutual consent requires both the parties to settle the issue of custody of the children. Spouses can choose joint custody. Under this system, one of the parents has physical custody of the children and is found to be in legal custody of the children.

How long does it take to get divorce decree?

Divorce can take about six months from the date of the dollar to a complete process to move the divisor out.

What if a side does not agree?

There have come many such cases when the couple does not agree in the event of latency, grounds or divorce and the other party is the way to initiate the petition and is able to file the problem.