Introduction
Marriage is a sacred alliance not just between two individuals but between two families. However, sometimes after marrying you feel that you are not compatible with your spouse. Therefore a person can opt for divorce if he/she wants to end a marriage. Divorce can be of two types:
- Contested Divorce
- Divorce by Mutual Consent
Contested Divorce takes place when one spouse files for the divorce petition without the consent of the other spouse. Divorce by mutual consent is a relatively easier and quicker process because it happens by agreeing without getting into a legal conflict rather than fighting a case.
Features of Mutual Divorce
The process of divorce becomes a lot simpler when it is done through the consent of the parties because:
- The cost of litigation, lawyer’s fee is nominal as compared to the process of a contested divorce.
- Issues like child custody, interim maintenance, division of assets are decided in advance, therefore, reducing the time and legal cost.
- The divorce by mutual consent includes no arguments. Therefore, no quarrels in public.
- It helps in maintaining a healthy relationship with the spouse and the children hence, avoiding the negativity from life.
Essential Ingredient
One of the essential requirements of filing the divorce by mutual consent is that the parties should be living separately for one year immediately preceding the filing of the petition. Living separately here denotes that they must be not living as husband and wife. It is not necessary that they must be living in different houses to prove ‘living separately’. Not living as husband and wife includes that they have no desire to perform marital obligations. The parties may live under the same roof and yet they may not be living as husband and wife. Consult the best lawyer in Gurgaon for your queries related to mutual divorce.
Procedure for Divorce
Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a divorce decree with the help of divorce lawyers on more than one ground specifically enumerated in Section 13. According to it:
- The parties will sign a petition of divorce and present it before the appropriate Court.
- After filing the petition, the court hears both the parties and orders for a break of at least six months but not more than eighteen months before finally deciding the case. The period of six to eighteen months’ time is given in divorce by mutual consent as to give time and opportunity to the parties to reflect on their move and seek advice from relations and friends. However, the Supreme Court can pass an order of granting the divorce before 6 months also under Article 142 of the Indian Constitution in the interest of justice.
- Both parties are free to withdraw their consent from the suit. However, the divorce will turn into a contested divorce if the other party rejects to withdraw the case.
- The Court hears both the parties to ascertain that the consent has been made by their free will.
- The Court, if it thinks fit can also make the inquiry to determine whether the facts of the petition are true.
- If it is proved beyond doubt that the statements made by the parties are true, then the Court will pass a decree of terminating the marriage with immediate effect.
Conclusion
The provision of divorce by mutual consent is very convenient for the parties as it saves time and money. India is still a country where marriage is considered a sacred process in which two people will be together not only for one year but for seven years. Therefore, the mutual consent divorce will help people to get divorced in a more peaceful manner.
We, at Law Offices of Vivek Tanwar, the best law firm in Gurgaon, provide the solutions to all the legal problems.