Mutual Divorce
How to file divorce in India?
Divorce by Mutual Consent is considered to be a straightforward way of dissolving the marriage. It releases the party from the hassles of contesting the divorce causing pain to both parties in addition to saving time and money for both parties. The parties here mutually agree to dissolve the marriage and file for a decree from the court. But it is important the right flowing emotions between the husband and wife must not blind the logic and no decision must be taken in without thinking twice about the dire consequences.
Under Court marriage parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate. Court marriage under Special Marriage Act, 1954 can be performed between an Indian male and a female/or between an Indian and a foreigner irrespective of their caste or religion.
A marriage between an Indian and a Foreign national can also be solemnized under Special Marriage Act, 1954, if either one of Bridegroom or bride is a citizen of India before Marriage Registrar in India or foreign country.
Before heading forward to file the petition for Divorce by Mutual Consent, it is advisable to mutually get certain things clarified between the parties by putting them in writing in order to avoid any future discrepancies. Since the divorce is amicable and mutually applied for by both parties, it is very essential to mutually decide upon solving issues pertaining to child custody, child maintenance, joint property, alimony, other joint assets, and many more. Since these issues emerge to be a hindrance for couples, it is advised to clearly document all the terms and conditions well in writing to safeguard against any dispute in the future.
Vide an amendment in 1976, Section 13B (1) was inserted by making divorce by mutual consent as legal provision under the Hindu Marriage Act 1955. As per Section 13B of the Hindu Marriage Act [2], 1955:
Divorcee between the parties where either/both the parties are not hindu is governed under Section 28 of the Special Marriage Act, 1954. The Provisions of Divorcee under Special Marriage Act, 1954 are pari materia to the above section.
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There are certain conditions/requirements that have to fulfil to seek divorce under Hindu Marriage Act which is as mentioned below:
An NRI couple as per their own wish can file a Divorce either in the foreign country where the couple currently inhabit or in India as well. Divorce Petition in foreign court to be passed as per laws/procedure followed in respective country.
No, one can file divorce only after completion of 1 year of marriage on the basis of grounds mentioned in Section 13 of Hindu Marriage act.
You can file divorce only after completion of 1 year but you can approach local family court for annulment of marriage on basis of cruelty.
No, there is no provision to file divorce through online medium. Although you can execute POA in favour of your family member or attorney who is present in India.
Yes, you can file divorce on basis of desertion and if you have not heard about person from last 7 years.
In case of contested divorce, it taken long time generally 3-5 years but in case of uncontested one, it takes around 7-8 months.
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