Marriage is a bond between two people who agree to spend their life with each other. It’s a bond of love but sometimes it becomes difficult for the couple to carry it forward and thus because of the felt necessities of our changing society the concept of ‘divorce by mutual consent’ has been evolved for a smooth dissolution of marriage.
Marriage is a bond between two people who agree to spend their life with each other. It’s a bond of love but sometimes it becomes difficult for the couple to carry it forward and thus because of the felt necessities of our changing society the concept of ‘divorce by mutual consent’ has been evolved for a smooth dissolution of marriage. The Hindu Marriage Act, 1955 under section 13B and The Special Marriage Act, 1954 under section 28 provide the provision for divorce by mutual consent.
This period of one year can be waived off by the Supreme Court in the case of exceptional hardships which generally is not granted unless situation is grave and exceptional.
Obtaining divorce through mutual consent is advantageous over a conventional divorce that requires allegations & proving fault of the other party as it saves both time and money. Mutual Consent Divorce does not require any allegations and counter allegations to be raised against any of the parties.
One lawyer can represent both the parties as a common petition is filed on behalf of both the parties, if both parties agree.
A judgment for mutual divorce is passed only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The issues mentioned below must be settled between the parties prior to the actual filling of the petition for divorce by mutual consent since whatever is mentioned in the petition regarding any of the below will be binding on both the parties.
In case the above issues exist & are made of the MC petition, these become legally binding & can be enforced lawfully, should the need arise at a later stage.
Such joint petition is usually required to be filed before the District Court within whose jurisdiction the marriage was solemnized or where both the parties last resided together. The presence of both the parties at the time of first motion and the second motion is mandatory and there is no exception to that.
The filling of petition for divorce by mutual consent has been divided into two motions:
Compulsory Mediation to be carried between the First & second motion
If the court is satisfied that all the necessary grounds and requirements for the divorce have been complied with and after hearing both, the husband and the wife, the court may announce a mutual divorce decree once the period of six months is over.
If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.
- As on 1st July 2019