When both the parties want to separate with each other willingly, they can file a divorce under Section 13-B of Hindu Marriage Act, 1955 which consists of filling a divorce under mutual consent.
Mutual consent means both the parties want separation and agree for peaceful divorce. This type of divorce is simple as both the parties are on a same ground and can be filed through a good family advocate.
It involves two aspects to be taken into consideration.
- Alimony or maintenance issues: As per Indian Law, there is no minimum or maximum criteria for alimony or maintenance. It could be any figure or sometimes no figure at all depending on the case.
- Child Custody: Child custody in mutual consent divorces can be taken by one parent or shared by both depending upon the wish and understanding of the parties.
Yet there are other things to be taken into consideration when it comes to Mutual consent Divorces. Those are…
When to file a divorce for mutual consent?
After one year of completion of marriage, parties can file divorce with mutual consent.
Parties have to show that they have been living separately for a year (or more) and can no longer live together as husband and wife to file the petition for divorce.
Where to file Divorce Petition?
The divorce petition is to be filed in the family court of the city or district where both the parties stayed together for the last time i.e. their matrimonial home.
What happens after the divorce petition?
After the divorce petition is submitted in form of an affidavit, the statement of both the parties are recorded by the court. After that the court generally suspends the matter for a period of 6 months.
After six months both the parties have to present themselves before the court and make a second consent for divorce. After the second consent, the decree of divorce is granted by the court.
What if one party wants to withdraw the petition of divorce after 6 months?
During the time of six months given by court after first petition, if any of the one party wants to withdraw the petition of divorce, they can do so by withdrawing his/her mutual consent of divorce. In such a situation, the court will grant a no divorce decree.
What can the other partner do if one partner withdraws the divorce consent?
When one partner withdraws, the other partner cannot get divorce under the Mutual consent section of Hindu Marriage act, 1950.
Any of the partner/s can remarry without getting divorce from the existing partner?
Any of the partner/s cannot remarry without been separated legally with the existing partner. If done so than he/she can be punished under the remarriage act.
If one of the spouses is not heard for a long time, can divorce be applied by the second partner?
Yes, if one of the spouses is unheard for the period of 7 years than the other partner can file a divorce.
How much time does it take right from the time of filing mutual consent petition to getting of the divorce?
It takes around six months to one year for the whole procedure of divorce to complete. The time varies from case to case and place to place.
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