DIVORCE LAW IN INDIA. HOW TO FILE FOR MUTUAL DIVORCE IN INDIA?

DIVORCE LAW IN INDIA. HOW TO FILE FOR MUTUAL DIVORCE IN INDIA?

1- WHAT IS DIVORCE?

Divorce or the dissolution of marriage is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties.

2- WHY DIVORCE IS REQUIRED?

Everyone has to make compromises in married life, but ultimately despite the compromises and sacrifices one must have a bond with one’s partner. This bond is companionship, and mutual understanding, but some time situation goes so worse and it is difficult to live together as consequence the divorce is required. Following reasons are there which leads to divorce such as :

  • Adultery
  • Cruelty
  • Desertion
  • Conversion to another religion
  • Unsoundness of mind or mental disorder
  • Virulent and Incurable form of leprosy
  • Venereal disease
  • Renounce the World
  • Not heard for a period of seven years or more

3. DIVORCE BY MUTUAL CONSENT IN INDIA

Getting a divorce through mutual consent should always be preferred over the contested divorce as the procedure of getting a mutual divorce is simpler in comparison to that of the other. For a mutual divorce procedure in India, you can come to an agreement with your spouse where you may resolve all kinds of disputes regarding maintenance, custody of children and such. Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage.

The filing of a mutual divorce by both the husband and the wife is termed as „the first motion‟. A couple can file for a second motion after a gap of six months. The six months time span is provided to the couple so that they get the time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements for the divorce are sufficed. If the divorce file is not withdrawn within eighteen months the court passes a divorce decree. In case one of the sides withdraws his/her petition the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the divorce judgment.

4- HOW TO FILE DIVORCE PETITION BY MUTUAL CONSENT?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

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