Date:June 25, 2022
Here we will discuss Divorce by mutual consent under Hindu Law or Mutual consent divorce under Hindu Marriage Act 1955
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 dissolving 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.
We provide comprehensive legal services to our clients for ‘Divorce by Mutual Consent’. Clients can call on the following number to seek an appointment for a consultation. Consultation is chargeable.
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Section 13B talks about Divorce by mutual consent. Section 13B was inserted in Hindu Marriage Act by Amendment Act 1976
Section 13B provides that a petition for dissolution of marriage by a decree of divorce by mutual consent may be presented in the district court by both husband and wife together.
Such a petition can be presented on the grounds provided in Section 13B of HMA.
Section 13B provides the following grounds on which a petition for dissolution of marriage by way of divorce by mutual consent 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 the 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 in the petition for dissolution of marriage, the Court may reject such a petition.
Besides the grounds provided in Section 13B of the Hindu Marriage Act, there are some other conditions. These conditions the court may weigh before granting a 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 for future contentions or litigation between the parties to the 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 on future dates, the husband and wife must have entered into a written understanding to that respect.
(3) If Parties to marriage i.e. husband and wife have any child, they must have entered into an understanding as to how the child to be raised. There must be a clear understanding of custody and how to finance child education.
First – Parties to marriage i.e. husband and wife filing a 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 a cooling-off period minimum of six months.
Fourth – Parties present a second motion. This second motion must be presented after six months of the court’s first order and before the expiry of eighteen months.
Fifth – The 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 – Once being satisfied and taking the statements of the parties, Court passes a decree of dissolution of marriage.
The question of where to file a divorce by mutual consent is also important.
As per section 19 of the Hindu Marriage Act (HMA) of 1955, a petition for divorce by mutual consent can be filed in the district court where :
1. The marriage was solemnised; or
2. Parties to marriage last resided together, or
3. Where the wife is residing on the date of the filing of the petition, or
4. Where one petitioner resides in India and the other is outside India, where the petitioner resides.
We provide comprehensive legal services for divorce by mutual consent. Our services, among others, include the followings :
Helping and assisting our clients to reach an amicable solution.
Advising and assisting our clients to reach a settlement agreement.
Filing of the first motion before the Court.
Preparing and filing of second motion before the court
Concluding the divorce by mutual consent process in an intended manner.
Read here: Section 13B as in Hindu Marriage Act 1955
So, a mutual consent divorce under Hindu laws can be presented as per the provisions of section 13B of the Hindu Marriage Act 1955
It is noteworthy that parties approaching for divorce with mutual consent must satisfy grounds given under section 13B and other conditions as discussed above.
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