admin – NB Associates - Advocates & Legal Consultants

Conditions for mutual divorce in Christian Law

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Mutual Divorce Process in Parsi Law

Mutual divorce process under Section 32B Parsi Marriage and Divorce Act 1936

Followings are steps of Mutual divorce process under Section 32B as in Parsi Marriage and Divorce Act 1936

First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.

Second – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.

Third – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.

Unlike Hindu Marriage Act 1955 and Special Marriage Act 1955 there is no provision under section 32B of Parsi Marriage and Divorce Act 1936 for the cooling off period minimum of Six months.

Conditions for mutual divorce in Parsi Law

Mutual Divorce Process under Hindu Law

Mutual divorce process under Special Marriage Act 1954

Mutual Divorce Process in Christian law

Mutual Divorce Process in Parsi Law

Mutual divorce laws – Mutual divorce laws in India

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Mutual Divorce Process, Mutual Divorce Procedure, Mutual Divorce Steps

Mutual divorce process under Section 13B Hindu Marriage Act 1955

Followings are steps of Mutual divorce process under Section 13B as in Hindu Marriage Act 1955

First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.

Second – Court makes inquires and takes statements of the Parties.

Third – Court passes an order. Gives parties cooling-off period minimum of six months.

Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.

Fifth – Court hears both parties. The court makes inquiries for its satisfaction as to whether the marriage was solemnised and whether the averments made in the petition are true.

Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.

Mutual divorce process under Section 28 Special Marriage Act 1954

Followings are steps of Divorce by mutual consent process under Section 28 as in Special Marriage Act 1954

First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.

Second – Court makes inquires and takes statement of Parties.

Third – Court passes and order. Gives parties cooling off period minimum of six months.

Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.

Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.

Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.

Mutual divorce process under Section 10A Divorce Act 1869

Followings are steps of Mutual divorce process under Section 10A as in Divorce Act 1869

First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.

Second – Court makes inquires and takes statement of Parties.

Third – Court passes and order. Gives parties cooling off period minimum of six months.

Fourth – Parties present a second motion. This second motion must be presented after six months of court’s first order and before the expiry of eighteen months.

Fifth – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.

Sixth – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.

Divorce by Mutual consent process under Section 32B Parsi Marriage and Divorce Act 1936

Followings are steps of Mutual divorce process under Section 32B as in Parsi Marriage and Divorce Act 1936

First – Parties to marriage i.e. husband and wife filing the joint petition for divorce by mutual consent in the court of law.

Second – Court hears both the parties. Court makes inquiries for its satisfaction as to the marriage was solemnised and that the averments made in the petition are true.

Third – One being satisfied and taking statement of the parties, Court passes a decree of dissolution of marriage.

Unlike Hindu Marriage Act 1955 and Special Marriage Act 1955 there is no provision under section 32B of Parsi Marriage and Divorce Act 1936 for the cooling off period minimum of Six months.

Related read:

Divorce by mutual consent under Special Marriage Act

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Mutual divorce sections – Mutual consent divorce sections

Section 13B of the Hindu Marriage Act 1955

Section 13B of the Hindu Marriage Act 1955 contains provisions for mutual consent divorce for Hindus.

Section 13B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Read : Two whom Hindu Marriage Act 1955 applies

Read in detail : Mutual consent divorce under Hindu Law

Section 28 of Special Marriage Act 1954

Section 28 of Special Marriage Act 1954 talks about mutual consent divorce for special marriages under Special Marriage Act 1954

Section 28 provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read : Two whom Special Marriage Act 1954 applies

Read in detail : Mutual consent divorce under Special Marriage Act

Section 10 of Divorce Act 1869

The divorce laws for Christian is provided under Section 10 of Divorce Act 1869.

Section 10A talks about mutual consent divorce in Christian.

Section 10A provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce in Christian Law

Section 32B of Parsi Marriage and Divorce Act 1936

The provision of marriage & divorce for Parsis in India is governed by Parsi Marriage and Divorce Act, 1936

Section 32B of Parsi Marriage and Divorce Act 1936 talks about mutual consent divroce in Parsis.

Section 32B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce under Parsi Law

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Mutual divorce laws, Mutual divorce laws in India

Read : What is mutual consent divorce ?

Mutual consent divorce laws for Hindu

Section 13B of the Hindu Marriage Act 1955 contains provisions for mutual consent divorce for Hindus.

Section 13B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Read : Two whom Hindu Marriage Act 1955 applies

Read in detail : Mutual consent divorce under Hindu Law

Mutual consent divorce laws under Special Marriage Act

Section 28 of Special Marriage Act 1954 talks about mutual consent divorce for special marriages .

Section 28 provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read : Two whom Special Marriage Act 1954 applies

Read in detail : Mutual consent divorce under Special Marriage Act

Mutual consent divorce laws for Christian

The divorce laws for Christian is provided under Section 10 of Divorce Act 1869.

Section 10A talks about mutual consent divorce in Christian.

Section 10A provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce in Christian Law

Mutual consent divorce laws for Parsis

The provision of marriage & divorce for Parsis in India is governed by Parsi Marriage and Divorce Act, 1936

Section 32B of Parsi Marriage and Divorce Act 1936 talks about mutual consent divroce in Parsis.

Section 32B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together.

Such petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce under Parsi Law

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Here we will discuss the question – can a wife claim maintenance after mutual divorce?

We are among the top Law firms / Lawyers providing legal consultancy related to Mutual Consent Divorce

For any kind of legal consultancy, our client may contact us at the following number or email id :

Call us – 9811899279 | Email us – mail@nbassociates.net

Introduction

Can wife claim maintenance after mutual divorce?

This question is important as there are maintenance laws in India, which provide that even after divorce, a wife is entitled to claim maintenance from the husband e.g. section 125(1) (b) of Code of Criminal Procedure 1973, Section 25(1) of Hindu Marriage Act, 1955 etc.

This question is also a much-debated question, as we see most judgments on maintenance applications filed under section 125(1) of CrPc after divorce by mutual consent.

However, when it comes to other maintenance laws e.g. section 25 of the Hindu Marriage Act 1955 after divorce by mutual consent, we face difficulty in finding concrete judgement on the issue.

Before we proceed further let us see what all are the maintenance laws In India in this prospect i.e. related to maintenance of wife after mutual consent divorce.

Maintenance Laws in India

(Related to the maintenance of wife after mutual consent divorce)

There are various maintenance laws in India. Here we will confine ourselves to the maintenance laws available to the wife after mutual consent divorce.

Followings are the related maintenance laws in India:

Section 125 of the Code of Criminal Procedure 1973

Section 125 of CrPC applies to a wife. She can file an application for maintenance against her husband, irrespective of religion.

Relevant sections 125(1)(b), Section 125(4).

Section 25 of the Hindu Marriage Act 1955

As per section 25 of HMA at the time of passing any decree or at any time subsequent thereto, the court may order the grant of maintenance of husband or wife.

Section 37 of the Indian Divorce Act 1869

Divorce Act 1869 is applicable to Christians

Section 37 provides about the permanent alimony.

Section 40 of the Parsi Marriage and Divorce Act 1936

As per Section 40 of the Parsi Marriage and Divorce Act at the time of passing any decree or at any time subsequent thereto, the court may order the grant of maintenance of husband or wife.

Wife’s right to claim maintenance after mutual consent divorce

Under Section 125 of the Code of Criminal Procedure 1973

As per section 125 (1), the Wife can file an application for her maintenance before Magistrate First class. In Explanation (b) wife is defined to include a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

So, a woman who has been divorced by her husband can still claim maintenance from her husband if she is not remarried.

However, Section 125(4) of the Code of Criminal Procedure provides that:

No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

Thus as per section 125(4) if husband and wife are living separately by mutual consent, wife is not entitled to receive an allowance from her husband.

Section 125(4) is an explicit provision, and the courts in India have taken support of this section in disallowing wife’s claim of maintenance after mutual consent divorce.

Relevant Judgements on Section 125 Crpc

Popat Kashinath Bodke vs Kamalabai Popat Bodke

In the case Popat Kashinath Bodke vs Kamalabai Popat Bodke [2003 (2) ALD Cri 63, 2003 BomCR Cri, II (2003) DMC 193, 2003 (2) MhLj 608], the Hon’ble Bombay High Court held as follows

1. If the spouses are residing separately permanently by consent, then in view of Section 125(4) of CrPC, the wife would not be having a right to claim alimony from the husband after the date of execution of the said agreement if that agreement has been acted on and appropriate provision for maintenance has been made.

2. When the spouses entered into an agreement after a matrimonial dispute, the texture of the document is to be seen. Words and sentences used are to be considered.

3. The intention expressed by the language of the document has to be noted and the Court should come to a conclusion as to what the spouses are expressing by such agreement and document executed between them.

4. The document may be a document of customary divorce, the document may be for the purpose of giving a lumpsum amount to the wife as alimony or the document may be for residing separately permanently and adjusting the assets and liabilities of the pair.

5. The agreement has to be read as a whole and the Court has to come to an appropriate conclusion.

6. If by such an agreement or document the spouses are expressing to live separately by consent, it has to be considered appropriately in a matrimonial cases.

Vitthal Hiraji Jadhav vs Smt. Harnabai Vitthal Jadhav

In the case Vitthal Hiraji Jadhav vs Smt. Harnabai Vitthal Jadhav [2003 (2) ALD Cri 81, 2003 BomCR Cri, I (2004) DMC 572, 2003 (4) MhLj 23] the Hon’ble Bombay High Court held as follows:

1. Provisions of Section 125(4), provide that, no wife shall be entitled to receive alimony from her husband under this section if she is living in adultery, or that without sufficient reason refuses to live with the husband, or if, they are living separately by mutual consent.

2. When the husband and wife are residing separately by mutual consent, such wife looses the right to claim alimony from such husband, in view of provisions of Sub-section (4) of Section 125 of the code.

3. The language of Sub-section (4) is very clear on this point and there is no scope to deviate from it.

Gajanan Panduraang Solanke v. Sheela Gajanan Solanke

In the case Gajanan Panduraang Solanke v. Sheela Gajanan Solanke [2005(1) Mh.L.J. 348 – 2005 All MR (Cri) 314] this Court observed that:

Wife after taking divorce agreed to stay separately and give up her claim of maintenance such a wife is not entitled to claim maintenance under section 125 of the Code of Criminal Procedure.

Shashi Alias Mala vs State And Anr

In the case Shashi Alias Mala vs State And Anr [RLW 2007 (1) Raj 672] the Rajasthan High Court observed that:

A holistic reading of the provisions would clearly reveal that in case a wife is divorced on the ground of mutual consent, then she is disentitled from claiming any maintenance or interim maintenance and expenses of proceedings from the husband.

Under Section 25 of the Hindu Marriage Act 1955

Section 25(1) provides that

“Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance…..”

Under this provision, the court at the time of passing of any decree may pass an order of maintenance. The court may also pass an order of maintenance subsequent to the passing of a decree.

Thus an application for maintenance by the wife can be moved even after passing of the decree of mutual divorce as per section 25(1) of the Hindu Marriage Act 1955.

Relevant judgements on Section 25 of Hindu Marriage Act 1955

Geeta Satish Gokarna vs Satish Shankarrao Gokarna [AIR 2004 Bom 345, 2004 (3) MhLj 159]

Brief facts of the case :

1. Marriage was dissolved by mutual consent under Hindu Marriage Act, 1955

2. There was consent terms which contained that the petitioner (wife) will not claim any maintenance or alimony in future.

3. After mutual consent divorce wife filed an application for maintenance under section 25 of the Hindu Marriage Act 1955, and the family court fixed maintenance of Rs. 2,000/-

4. Wife filed an appeal in Bombay High Court for enhancement of maintenance granted by the family court. The husband contended that as the wife had signed the consent terms which contain a provision that she would not claim maintenance in future she is estopped from claiming maintenance.

The husband also contended that it is not open to the appellant to call on the Court to reopen the consent terms which is already concluded by the order of the Court in which maintenance was not granted in terms of the consent terms.

Questions before the court :

1. Whether in a case where consent terms were filed that provided that the wife would not claim maintenance or alimony in future whether it is still open to the wife to claim maintenance

2. Whether considering the consent terms under this case the appellant is entitled to maintenance.

Court held :

1. A perusal of Section 25(1) will show that the power to grant alimony or maintenance is not only at the time of passing of a decree. It is in the alternative i.e. at any time subsequent thereto.

2. This expression “or at any time subsequent thereto” can only mean after the decree for divorce has been passed, provided that no maintenance was provided for in the order granting the decree for divorce.

3. In terms of the express language of the section itself any of the parties if no maintenance has been granted under Section 25(1) may at any time subsequent thereto move an application.

4. The question really would be whether under Section 25(1) a party who has been divorced is entitled to maintenance even if in the consent terms had agreed not to claim alimony/maintenance. The language of Section 25(1) shows that it is a power conferred on the Court at the time of passing of the decree or at any time subsequent thereto on an application made to award alimony or maintenance. This is a jurisdiction to be exercised by the Court. The parties, therefore, cannot by an agreement between themselves, agree to oust the jurisdiction of the Court which otherwise Parliament has conferred

5. On the facts and circumstances court held that the appellant was not barred from applying under Section 25(1).

Arjun Roy vs. Dr. Niranjana Kumar [Miscellaneous Appeal No. 292 of 2010]

Brief fact of the case

1. Mutual consent divorce was granted under section 13B of the Hindu Marriage Act 1955

2. Parties agreed to the payment of permanent alimony of Rs. 3,11,000/- and education to daughter during the mutual divorce process.

3. The permanent alimony was paid and accepted by wife.

4. Pursuant to the passing of the decree of divorce, the court awarded maintenance to the wife @ Rs. 7,000 per month.

Court held :

1. The joint petition filed on behalf of the parties under Section 13B clearly lays down in paragraph 5 that the husband was paying a lump sum amount of Rs. 3,11,000/- against maintenance and education of child. That amount has already been paid and there is no whisper in the joint petition regarding further payment of maintenance save and except the statement made in paragraph 6 wherein it is stated that the opposite party will generously support the daughter at time of her marriage based on the relationship.

2. In such a situation, in our opinion, no further amount of maintenance was required to be paid by the husband to the wife under Section 25 of the Hindu Marriage Act.

3. In the joint petition the quantum of alimony which was to be paid to the wife against the maintenance has been mentioned. From the statement made in paragraph 5, it cannot be construed that said amount was for the purpose of maintenance and education of the child only. Otherwise the wife, at the relevant point of time, could have raised such grievance for the amount of maintenance to be paid to her as a condition precedent for divorce on mutual consent. In the absence of that it has to be understood that no further grievance was left to be adjudicated after agreeing for divorce on mutual consent and as such, the court below was not at all justified to open the issue of grant of alimony under Section 25of the Hindu Marriage Act once divorce was granted under Section 13B of the Act.

Role of the settlement terms in Mutual consent divorce

Thus the role of the express consent or settlement terms in mutual consent divorce is very important. Such settlement terms can either be incorporated in the joint petition itself or by way of a separate settlement agreement filed along with the joint mutual divorce petition.

Further, settlement terms should be carefully worded. The mutual understanding of the husband and wife should be incorporated in clear terms and should be in a manner not leaving any room for future dispute(s) between husband and wife.

Settlement terms not carefully worded in the joint petition or in the settlement agreement filed with the joint petition, or not incorporating mutually agreed terms between the husband and wife will lead to disputes.

If permanent alimony is being granted, that should be expressly worded and the wife must accept it as a full and final settlement.

In case permanent alimony is not granted or the joint petition or settlement agreement is silent on this, the scope of filing of an application under section 25(1) of the Hindu Marriage Act shall be open.

When wife cannot claim maintenance after mutual consent divorce

In the following circumstances wife can claim maintenance after mutual consent divorce:

1. If the Wife was granted one-time permanent alimony at the time of mutual consent divorce, and she received it as a full and final settlement, the wife cannot claim maintenance after mutual consent divorce.

2. If a provision is made in the settlement agreement for future payment of maintenance, and the same is agreed by the wife as full and final settlement of her right to permanent alimony or the wife has expressly repudiated any further or future claim.

When wife can claim maintenance after mutual consent divorce

In the following circumstances wife can claim maintenance after mutual consent divorce:

1. If no permanent alimony is granted in mutual consent divorce.

2. If a wife has reserved her right to claim maintenance under the settlement agreement.

3. If a provision is made in the settlement agreement for future payment of maintenance.

4. If a joint petition or settlement agreement filed along with the joint petition is silent on permanent alimony to the wife.

Final verdict or Conclusion

Whether Wife can claim maintenance after mutual consent divorce depends on facts and circumstances of each case.

If Wife was granted one time permanent alimony at the time of mutual consent divorce, and she received it as full and final settlement, wife cannot claim maintenance after mutual consent divorce.

If Wife was not granted one time permanent alimony at the time of mutual consent divorce, she may claim maintenance after mutual consent divorce.

If wife reserved her right to claim maintenance under the settlement agreement filed in mutual consent divorce or otherwise, she may claim maintenance after mutual consent divorce.

If a provision is made in the settlement agreement filed in mutual consent divorce process for future payment of maintenance, wife can claim maintenance after mutual consent divorce.

Whether settlement agreement filed in mutual consent divorce is silent on permanent alimony to wife, wife can claim maintenance after mutual consent divorce.

It is important that while filing mutual consent divorce, the settlement agreement is carefully drafted to avoid any future dispute or claim.

Related read:

Divorce by mutual consent under Special Marriage Act

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

What the Mutual divorce minimum time? What minimum time takes in mutual divorce ?

Mutual divorce is the best way to dissolve the marriage. It takes shorted possible time.

The legislation while enacting provisions of mutual consent divorce inserted provisions of minimum six month period for taking mutual consent divorce.

Case with Hindu Marriage Act

Section 13B(1) of Hindu Marriage Act 1955 provides that a joint petition by husband and wife for dissolution of marriage with mutual consent can be presented on certain grounds.

Section 13(2) provides that the parties have to again present mutual consent divorce petition 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.

Such petition shall however is to be presented only after 1 year since the date of marriage as per section 14 of the Hindu Marriage Act 1955. Such petition may however be entertained within 1 year of marriage on the ground of case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent

Further as per the provisions of Section 13(1) parties (i.e. husband and wife) must be living separately since last one year or more, and same is one of the pre-conditions for mutual consent divorce.

Case with Special Marriage Act & Divorce Act

Similar are the provisions of Special Marriage Act which is applicable to special marriages, and Divorce Act which is applicable to Christians, except the condition that in Divorce Act the minimum separation required is two years, i.e. husband and wife must be living separately for last two years before they approach the court for mutual consent divorce.

Case with Parsi Marriage and Divorce Act 1936

In Section 32B of Parsi Marriage and Divorce Act 1936 (which deals with the mutual consent divorce in Parsis), there is no condition like what has been provided under section 13(2) of Hindu Marriage Act 1955

Waiving off the cooling period of six months

On an application being moved the Court can waive off the mandatory cooling period of six months.

There have been several judgements where courts have held that the six months period is not mandatory and court can waive of the cooling period.

Conclusion

The minimum time taken will vary on the fact and circumstances of the case. As per law the minimum period is six months, however this period can be waived off by the court.

Related read:

Divorce by mutual consent under Special Marriage Act

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

What are all the documents required for mutual consent divorce? What all documents required to be presented in court for mutual consent divorce?

Following documents are required to approach the court for mutual consent divorce

Mutual divorce petition drafted as per law
Passport-size photographs of Husband and wife
Marriage certificate or photograph of marriage
Address proof or UID card of both Husband and wife
Settlement Agreement
Other documents too may be needed, depending on the facts and circumstances of the case.

Related read:

Divorce by mutual consent under Special Marriage Act

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Here we will discuss what are conditions for mutual divorce or rather pre-conditions for mutual divorce?

What are those grounds for mutual divorce or conditions for divorce by mutual consent on the basis of which Parties to marriage can approach the court for dissolution of their marriage?

Or, what are those conditions which must be there before parties approach the court for dissolution of their marriage?

Read here: What is mutual consent divorce?

Mutual Divorce Laws : Laws Governing mutual divorce

In India there are mainly following enacted laws which govern the divorce by mutual consent or mutual divorce in India.

1. Section 13B of the Hindu Marriage Act 1955, Which is applicable to Hindus

2. Section 28 of the Special Marriage Act 1954, which is applicable in special marriages

(Read here: To whom Special marriage Act applies)

3. Section 10A of Divorce Act 1869 which is applicable to Christians

4. Section 32B of Parsi Marriage and Divorce Act 1936 which is applicable to Parsis.

Conditions for mutual divorce under Section 13B of Hindu Marriage Act 1955

Section 13B provides the following grounds on which a petition for dissolution of marriage can be presented in court:

(1) Both husband and wife have been living separately for a period of one year or more, and

(2) They have not been able to live together, and

(3) They have mutually agreed that the marriage should be dissolved.

The above are the explicit conditions which are provided under section 13B of Hindu Marriage Act. All the above grounds are mandatory before a petition for dissolution of marriage is presented in court.

If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such a petition.

Other conditions for mutual divorce

Besides the grounds provided in Section 13B of Hindu Marriage Act, there are some other conditions. These conditions court may weigh before granting decree of divorce by mutual consent. These are:

(1) Marriage is solemnised as per Hindu Laws.

(2) Parties to marriage i.e. husband and wife must have settled all their dispute or differences, if any

They must have entered in full and final understanding. Nothing should be left, which may be a reason of future contentions or litigation between the parties to marriage.

If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding in that respect.

(3) If Parties to marriage i.e. husband and wife has any child, they must have entered into an understanding as to how child to be raised. There must be a clear understanding of custody and finance of child education to be met.

Related read: Divorce by mutual consent under Hindu Law

Conditions for mutual divorce under Section 28 of Special Marriage Act 1954

Grounds for mutual divorce or conditions for mutual divorce as per the provisions of Section 28 of Special Marriage Act 1954 are same as in Grounds for mutual divorce under Section 13B of Hindu Marriage Act 1955, except that to file mutual divorce under Section 28 of Special Marriage Act 1954 the marriage must be solemnised as per the provisions of Section 4 to 14 of the Special Marriage Act 1954

Conditions for mutual divorce under Section 10A of Divorce Act 1869

Grounds for mutual divorce or conditions for mutual divorce as per the provisions of Section 10A of Divorce Act 1869 are same as in Grounds for mutual divorce under Section 13B of Hindu Marriage Act 1955, except that to file mutual divorce under Section 10A of Divorce Act 1869 the marriage must be solemnised as per the Christian laws / customs.

Conditions for mutual divorce under Section 32B of Parsi Marriage and Divorce Act 1936

Grounds for mutual divorce or conditions for mutual divorce as per the provisions of Section 32B of Parsi Marriage and Divorce Act 1936 are the same as in Grounds for mutual divorce under Section 13B of Hindu Marriage Act 1955, except that to file mutual divorce under Section 32B of Parsi Marriage and Divorce Act 1936 the marriage must be solemnised as per the provisions of Parsi Marriage and Divorce Act 1936.

Our Mutual divorce legal services

How we can be contacted?

If you have any other queries or questions related to Divorce by mutual consent you can contact us with the following details :

Call: 9811899279

Email: mail@nbassociates.net

Here we are discussing what is mutual consent divorce or mutual divorce?

Mutual means ‘two or more people feeling the same emotion or doing the same thing to each other or for each other’.

Mutual consent means ‘as agreed by the people involved’.

Divorce means ‘the legal dissolution of a marriage by a court or other competent body’ or legally dissolve one’s marriage.

In a marriage people involved are husband and wife. So, once they feel or agree to legally dissolve their marriage they can do so as per law.

There are laws prescribed for the dissolution of marriage by mutual consent in India. Different provisions of law may be applicable depending upon the religion professed by the husband or wife or how they married.

Mutual consent divorce under Hindu Law

Section 13B of the Hindu Marriage Act 1955 contains provisions for mutual consent divorce for Hindus.

Section 13B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together.

Read: Two whom Hindu Marriage Act 1955 applies

Read in detail: Mutual consent divorce under Hindu Law

Mutual consent divorce under Special Marriage Act

Section 28 of the Special Marriage Act 1954 talks about mutual consent divorce for special marriages.

Section 28 provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together.

Such a petition can be presented on the grounds provided therein.

Read: Two whom Special Marriage Act 1954 applies

Read in detail : Mutual consent divorce under Special Marriage Act

Divorce by Mutual consent in Christian Law

The divorce laws for Christian is provided under Section 10 of the Divorce Act 1869.

Section 10A talks about mutual consent divorce in Christian.

Section 10A provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together.

Such a petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce in Christian Law

Mutual consent divorce under Parsi law

The provision of marriage & divorce for Parsis in India is governed by Parsi Marriage and Divorce Act, 1936

Section 32B of Parsi Marriage and Divorce Act 1936 talks about mutual consent divorce in Parsis.

Section 32B provides that petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together.

Such petition can be presented on the grounds provided therein.

Read in detail : Mutual consent divorce under Parsi Law

Note: This article is posted by the team of NB Associates. The content(s) of this Article cannot be copied or reproduced without the express written consent of NB Associates.

Our Mutual consent divorce legal services