Divorce by mutual consent

Subject to the provisions of the Hindu Marriage and Divorce,Act and to the rules made thereunder, a petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately.

Divorce by mutual consent.
For a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Effect of 1976 amendment. This section is amended by the Marriage Laws (Amendment) Act 1976. This section provides for divorce by mutual consent. By amendment it reduces the period of waiting after presentation of a petition thereunder before making a further motion in court from one year to six months.

Scope

This section has incorporated in itself the doctrine of discharge from contractual obligation by mutual consent of the parties. A special marriage is nothing but a contractual bondage which can be severed like ordinary contract and in case of breach solatium in other form is awarded by the court. Considering the vital importance and necessity of marital life in society a special statute is made incorporating mutatis mutandis the basic principles of law of contract therein. The Special Marriage Act has gone far ahead of the English law on dissolution of marriage, and has simplified the severance of matrimonial tie even on mutual consent.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs

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