Author- admin
Date:June 30, 2022
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?
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.
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
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
Related read: Divorce by mutual consent under Special Marriage Act
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.
Related read: Divorce by mutual consent in Christian Law
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.
Related read: Divorce by mutual consent under Parsi Law
Related read :
What time does it take for mutual divorce in Indian courts?
Can wife claim maintenance after mutual divorce?
Mutual divorce laws – Mutual divorce laws in India
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