Divorce is a legal process that ends a marriage between two adults. Hindus, including Sikhs, Jains, and Buddhists, are controlled by the Hindu Marriage Act of 1955, while Christians are governed by the Indian Divorce Act of 1869 and the Indian Christian Marriage Act of 1872.
Divorce laws apply to Muslims, as do the Dissolution of Marriage Act of 1939 and the Muslim Women (Protection of Rights on Divorce) Act of 1986. Similarly, the Parsi Marriage and Divorce Act of 1936 governs Parsis. Other weddings are controlled by the Special Marriage Act of 1954, in addition to the above rules.
Section 13B, added to the Hindu Marriage Act in 1976 to provide for mutual agreement divorce, allows for a total of 18 months before a divorce decree can be issued. A couple can file a divorce petition under Section 13B(1) after a year of judicial separation. This could be followed by another six-month waiting period for a decree under Section 13B(2).
Article 14 stipulates that petition for divorce shall not be filed in the year of marriage, provided that the court can make a request in accordance with the rules that the High Court may make for this purpose, allowing the application to be filed. [One year later] From the date of marriage, because this is the petitioner’s special difficulties or the defendant’s special depravity, but if the court hears the petition, if the petitioner obtains it through any false statement or concealing the nature of the case In order to file a petition, the court can do so with the issuance of a decree, provided that the decree [takes effect after expiration] one year from the date of marriage], or it can reject the application, but it does not affect the After the expiry of the year), an application is filed for any application that is the same or substantially the same as the alleged facts of the rejected application.
The following are the two procedures that can be used in divorce proceedings:
1. Divorce with Mutual Consent is a legal process of separation in which both the husband and wife want to separate with their own will after marriage. By mutual consent, both husband and wife can file for divorce.
2. A contested divorce, also known as a divorce without mutual consent, is one that is filed without either spouse’s previous assent (husband or wife). Cruelty, adultery, desertion, conversion, mental illness, infectious disease, presumption of death, or renunciation of the world are all common grounds for filing such divorce petitions.
When both parties, husband and wife, agree that they can no longer live together and that the best solution for them is divorce, they can jointly file a mutual divorce petition with the honourable court, without making any accusations against one another. For example, if the couples have been living separately for a year or more and have decided not to live together, they can be given a divorce.
According to research, mutual consent is one of the quickest methods to achieve a divorce.
The following are the requirements for a Mutual Divorce:
1. The parties must have lived separately for at least a year.
2. Parties have failed to live together for whatever cause. Between them, no reconciliation or correction is possible.
3. The parties freely agreed to the dissolution of marriage agreement. They couldn’t have been pushed to divorce by anyone.
4. Parties should be able to withdraw a petition at any time. It can be withdrawn within six months of the date of the petition’s presentation.
How to file for a divorce by mutual consent:
1. Submitting a joint petition: Both parties must sign this joint petition. It includes a joint statement from both parties stating that they can no longer live together and should be awarded a divorce. This statement also includes an agreement to separate assets, child custody, and other matters.
2. Appearance of both parties: The court sets a day for both parties to appear, and they do so with their attorneys.
3. Court review of the petition: If the court is satisfied, the court requires the recording of the parties’ remarks and an oath. If reconciliation efforts fail, the court will proceed with the divorce proceedings.
4. Recording of statement and entry of order on first motion: The parties are given a six-month time during which they must file the second motion. Within 18 months, you should be able to file this.
5. Appearance for second motion: This entails the parties appearing in court and recording their statements. Before the decree is passed, one of the parties may withdraw their permission at any time.
6. The court’s decision: The court issues orders and dissolves the marriage based on the statements made, as well as the specific facts and circumstances of the case. The court subsequently issues a divorce decree, and the divorce is now final.
The following documents are required for a mutual divorce:
1. Husband’s address proof
2. Proof of wife’s address
3. Details of profession
4. Earnings of husband and wife
5. Marriage certificate
6. Family history
7. Photographs of the wedding
8. Proof that the husband and wife have been living apart for more than a year.
9. Statements of income tax
10. Specifications of the property
Mutual divorce has the following advantages:
1. It eliminates unnecessary squabbles.
2. It helps you save a lot of time.
3. It conserves financial resources.
4. It saves a lot of money as well as mental anguish.
5. Decisions on sensitive subjects such as child custody, support, and other crucial problems are in the hands of the parties.
Where can I file a Mutual Divorce Petition?
• Where the husband and wife last lived as husband and wife.
• Where the husband or wife currently resides.
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.
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 email@example.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.
We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge