As the name suggests, there is a divorce with mutual consent if the husband and wife want to end the marriage. It is a decision that is made by mutual agreement and, therefore, the process is much more fluid than divorce by other means. Under the Hindu Marriage Act of 1955, both spouses have the right to file the dissolution of their marriage. In addition, the law also allows both parties to jointly file a divorce upon mutual consent. Yes, just like marriage laws, divorce laws are different for different religions in India. For example, Section 13B, introduced in 1976 in the Hindu Marriage Act to introduce divorce by mutual agreement, provides for a total of 18 months before a divorce decree can be adopted. However, the court does not simply agree with the couple on everything, as it is the court`s responsibility to ensure that the child does not have a troubled/problematic childhood due to the divorce of his parents. Thus, if the court is satisfied with what is best for the child, it decides custody of the child. A poorly drafted divorce agreement in India would lead to complications instead of a smooth separation of the spouses, resulting in the loss of valuable time and money in the legal process. So we tried to briefly explain how India was right about a divorce agreement before writing a divorce agreement in the family courts. How can you file a divorce application by mutual agreement? What`s going on in court? In the event of a divorce from a couple of NGOs, they can file for divorce in a foreign country in accordance with the laws in which the spouses reside.
You can even file for divorce if the other party is not ready to get a divorce – this is called “Contested Divorce.” iv) Both parties agree to respect and file a consensual divorce without any undue influence, corruption or fraud. to allow a petition [before the end of a year] since the date of marriage, on the grounds that the case is exceptional for the petitioner or an exceptional displeasure of the respondent, but when the Court of Justice appears at the petition hearing, the petitioner has had the opportunity to present the petition by misrepresenting or concealing the nature of the case, the Court of Justice, when it adopts a decree, may do so on the condition that the decree takes effect only after [the one-year expiry] from the date of marriage, or the petition, without prejudice to an application that may be invoked on the same fact or, for the most part, on the same fact as the one invoked in support of the petition thus rejected , after the end of the aforementioned year. , a rejection. During this 6-month period during which the petition is pending in court, each partner is entitled to revoke mutual consent by filing an application with the court stating that he/she does not wish to file for divorce by mutual agreement.
