Mutual Consent Divorce in India

Mutual Consent Divorce

“Divorce by Mutual Consent or Mutual Divorce or Mutual Consent Divorce is when both a couple commonly concur that they can’t live respectively any longer and that the best arrangement being Divorce, they would display a Mutual Divorce petition together under the of the Hon’ble Court, without advancing any charges against one another.”

LAWS RELATED TO MUTUAL CONSENT DIVORCE OR MUTUAL DIVORCE IN INDIA

HINDU MARRIAGE (includes Sikh ,Jains, Buddhist)

Divorce by mutual consent or mutual consent divorce is given under Section 13B of the Hindu Marriage Act, 1955. After the recording of the petition the court allows a six-month alarming period. The Supreme Court concluded that if the marriage is by all accounts totally irreparable waiving off can be done of this period. When this period is passed, the second motion is recorded and the court grants decree of divorce.

MUSLIM MARRIAGE

Muslims are governed by:

1. Their personal laws
2. Dissolution of Marriage Act,1939
3. The Muslim Women (Protection of Rights on Divorce) Act,1986

CHRISTIAN MARRIAGE

Laws applicable to Christians are:

1. Indian Divorce Act,1869
2. Indian Christian Marriage Act,1872

PARSI MARRIAGE

Parsis are governed by

1. Parsi Marriage & Divorce Act,1936
2. SPECIAL MARRIAGE ACT,1954
3. This law is a secular law that deals with the divorce in India.

CONDITIONS FOR THE MUTUAL DIVORCE OR MUTUAL CONSENT DIVORCE

Conditions for seeking the mutual divorce or mutual consent divorce are as follows:

1. The Husband and wife have been living separately for a period at the very least one year.
2. There is no chance of reconciliation between the husband and the wife.
3. The Husband and Wife had consented freely for the dissolution of marriage. If there is no mutual consent then court has no jurisdiction to grant the decree.
4. The husband and wife are at freedom to withdraw the petition. The parties even can withdraw their petition within 6 months from the date of filing of the petition.

JURISDICTION

The jurisdiction of court under the divorce matter lies:

1. Where the couple seeking divorce lastly lived.
2. At the place where the solemnisation of marriage took place.
3. Where presently the wife is residing.

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