Divorce by Mutual Consent
is the fastest way or procedure for getting divorce in India.
All marriages which have been solemnized before or after the
Marriage Laws (Amendment) Act 1976, are entitled to make use
of the provision of divorce by mutual consent. However, for
filing for a divorce under mutual consent, it is necessary
for the husband and wife to have lived separately for at
least a year. Divorce by mutual consent is fastest because
parties can get divorce in six months only and can be
shortened if the parties are living separately since long
time spam. In this case, spouses can mutually
agree to a settlement and file for a “mutual divorce”
under under following Acts which may vary according to law
applicable to parties:-
Sec.13B The Hindu Marriage Act.,Sec 28 The Special Marriage Act,Sec10 A The Indian Divorce Act
Seeking a divorce by mutual consent is same under each Act, which is initiated by filing a petition, supported by affidavits from both partners, in the Court of Civil Judge Senior Division. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses which should be mentioned in their petition for divorce by mutual consent,.
Sec.13B The Hindu Marriage Act.,Sec 28 The Special Marriage Act,Sec10 A The Indian Divorce Act
Seeking a divorce by mutual consent is same under each Act, which is initiated by filing a petition, supported by affidavits from both partners, in the Court of Civil Judge Senior Division. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items or “streedhan” and litigation expenses which should be mentioned in their petition for divorce by mutual consent,.
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