Grounds for Mutual Divorce
The Special Marriage Act,1954, Section 28 deals with mutual consent divorce. According to that section, several grounds for divorce are provided by mutual consent. Some of the common grounds are given below; as per those grounds, the marriage parties can obtain divorce by mutual consent in India.
- The husband and wife live separately for a minimum of one year or more.
- They are not in a position to live together at all.
- They mutually agreed to the desolation of their marriage.
All these above-required conditions are specified under section 28 of the Special Marriage Act, 1954. After fulfilling these conditions, the husband and wife are entitled to file a petition in court for dissolved marriage with mutual consent. In case of missing any specified condition that is mandatorily required, the court might reject such a petition.
Some of the other conditions required for the mutual consent divorce
As we above refer to the grounds which are specified under section 28 of the Special Marriage Act. Besides that, some other conditions that the court observes before passing the final order of divorce by mutual consent may require to be fulfilled. That is given below;
- The parties must be married as per the provisions of the special marriage act, sections 4 to 14.
- The husband and wife must settle all their personal grievances and issues before reaching the court for mutual consent divorce.
- They are applying for divorce with mutual understanding; they have no issues that may cause contentions or as a part of future litigation.
- They must specify the terms of permanent alimony, which is given by the husband and accepted by the wife.
- If any alimony has to be paid in the future, that must be specified in a written agreement.
- The marriage parties have a child; in that case, they must be specified in the petition about the welfare of a child and also determine how they arrange the custody and education of the child, etc.
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