Introduction
When a human becomes an adult, they will require marriage. The marriage between bride and groom becomes the best thing in human life. But in all marriage cases, the relationship between bride and groom does not run for a long time. Even the bride or groom seeks separation under the system of mutual divorce. Sometimes, the question comes to our mind. How to obtain a mutual divorce by mutual consent in India? And what is the mutual divorce procedure in India? To get that answer, you need to read this article.
If you are an Indian and you want a divorce from your life partner, you should go through some essential steps. To get the proper knowledge of the mutual divorce procedure in India, you will have a look at the details mentioned below.
What does ‘Mutual Consent Divorce’ mean?
A Mutual Divorce is a conditional divorce when the husband and wife agree to terminate the marriage. It is good to know that the process of mutual divorce is more comfortable than the other kinds of divorce. Under the Hindu Marriage Act 1955, both the husband and wife can fill in the need for dissolution of the marriage through a decree of divorce through more than one ground, especially under section 13. Under Section 28 of the Special Marriage Act of 1954 and Section 10A of the Divorce Act of 1869, give divorce through mutual consent. If you and your wife have a mind to go for mutual divorce, both of you should go through it under some conditions. So, before you step toward the mutual divorce procedure in India, check the conditions below.
What is the benefit of mutual divorce?
Divorce is the final process of termination from marriage. When the divorce is complete, the spouse dissolves the marriage legally so that the obligation does not go from one to another. Though it is a very undesirable scenario, it has many benefits. After getting divorced, the couple is not bound to do any work for the opposite one. A divorce brings a fresh start for both parties. Anyone can do anything according to their wish. Nothing objection comes from one to another.
Conditions Regarding Mutual Divorce
In Section 13-B of the Hindu Marriage Act, 1955, there are some of the conditions that husband and wife have to follow before going for mutual divorce. The conditions are:
(i) Both husband and wife must live separately for one year at least.
(ii) Both husband and wife agree that their marriage has collapsed.
(iii) Husband and wife agree to comply to file jointly in need of a mutual divorce without undue influence.
The spouse needs to submit the required documents to apply for mutual divorce. Just take a look at the below.
Required Documents for Mutual Divorce Process
- Marriage Certificate
- Both husband and wife address proof
- Four pieces of photographs
- Three years income tax statement
- Details of income that goes for salary slips and appointment letters.
- Property and Asset details
- Information about family
- Evidence of separate living for one year.
What is the mutual divorce procedure in India?
If a husband and wife want separation, it is to be under a systemic process. Just follow it and enter it.
Filling out a Divorce petition
A mutual divorce procedure starts with filling out a divorce petition that can be filled out at any of the below-mentioned places.
- The court is the place where the couple lived last.
- Court where the marriage between bride and groom was solemnized
- The area is the court where the wife stays
The divorce petition has to be filed jointly by the parties, and the notice comes to serve for the family court by both parties. The grounds for divorce are such a way that the spouses come to feel that they cannot live with each other, and even they have come to agree mutually to dissolve their marriage. Another common ground that goes to be used for a mutual divorce is that for unavoidable differences, the couple has to live separately for more than one year. The joint petition has to be signed by husband and wife both.
Court hearing and inspection
After this process, both of the parties come to appear in the family court with their lawyers. The court goes over the petition with the supporting documents as proof. Even the court allows the husband and wife to go for reconciliation. If the husband and wife go with their decision still, then the mutual divorce process continues.
Record the Oath Statement
The court comes to pass an order to record the party’s statements on oath, but it should be after duly scrutinizing the petition.
First Motion
After recording their statements of them, the first move should be passed by the honorable court. After this, the couple needs to wait for six months before filing the second motion, which must be submitted within 18 months of passing the first motion.
Second motion for final hearing
Once the husband and wife come up with a decision for filing the second motion, they can go ahead for the final hearing before the court. The hearing comes with both parties’ cases, the recording statements on oath by the court. Recently, Supreme Court stated that six months interim period might be avoided if the court wants it to be. The court comes to do positively if both parties come to a point about the divorce and even if there is are no issues regarding alimony, property, or child custody.
Divorce Decree of mutual divorce procedure in India
If the couple says that they have nothing differences in the matters relating to alimony, sharing property, or custody, then the mutual divorce process comes at the final stage. However, the couple must reach an agreement for the court in need of making a final decision. Having the court’s satisfaction, it goes for a decree of divorce which declares that the marriage is dissolved, and after all, divorce comes as final.
Most Important Points for the couple during the filing of divorce
Child Custody –
After the completion of the divorce, the partner will get back child custody. If the spouse has children, they need to decide among themselves about custody of their children and even visitation right. They can have the right to discuss interim custody for summer or winter vacations, including other holidays. Both father and mother will be equally competent in taking custody of the children. The parties can go for joint custody or shared parenting through mutual consent. As a result of that, parents, as well as children, will be safe from suffering.
Alimony/ Maintainance –
Under mutual divorce, if one of the husband or wife is unable to manage his or her daily expenses, the other one needs to pay him or her a certain amount which should come to fix after a mutual understanding between partners.
Settlement of Assets & Property –
Assets settlement comes according to the ownership rights between husband and wife. Apart from the expenses, there must be others like education expenses, higher education, and marriage expenses for children.
So, go step by step through the mutual divorce procedure in India and get a divorce successfully.
Reference
(1) section 13-B of the Hindu Marriage Act, 1955
(2) Section28 in the Special Marriage Act of 1954
(3) Section 10A of the Divorce Act of 1869
Also Read:
What grounds to obtain a Mutual Divorce under the Special Marriage Act?
How to the annulment of marriage under Hindu law?
How To Make A Marriage Contract In Simple And Legal Why?
How To Do Court Marriage Every Indian Citizen Should Know In Detail
