Author- admin
Date:June 30, 2022
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.
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
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
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
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.
Free online mutual divorce legal consultation
Free online mutual divorce case evaluation
If you have any other queries or questions related to Divorce you can contact us with the following details :
Call: 9811899279
Email: mail@nbassociates.net.
Follow Us