DIVORCE LAWYER IN DELHI/NCR
DIVORCE BY MUTUAL CONSENT UNDER HINDU LAW
Divorce means termination of a marriage between husband and wife. It is an action that ends the responsibilities and duties between the legally wedded couple. As per law, there are various grounds of divorce given under Section-13 of the Hindu Marriage Act, 1955. Section-13(b) of the act states divorce by mutual consent or Mutual divorce which means both husband and wife are not willing to stay together and they mutually want to dissolve the marriage. The divorce can be granted if both the parties have been living separately for one year or more or living in the same residence but not living as a couple. The only key which needs to be satisfied is that they mutually agreed to cancel their marriage and there is no scope of adjustment.
The Procedure of Divorce By Mutual Consent
The parties file the divorce petition in the court for the dissolution of marriage. The petition must be filed in the family court of the place where the marriage was held or where both husband and wife lived together. The divorce petition has two motions i.e. 1st motion and 2nd motion.
Under the 1st motion, the divorce lawyer makes affidavits, a petition signed by both the parties as divorce by mutual consent is always a joint petition and they must also state all the reasonable statements for taking divorce. After filling out the divorce petition court gives a period of 6 months to both parties to rethink the matter. This time period given by the court is called a cooling-off period. Either party can withdraw the petition within 6 months from the date of presentation of it states that they don’t want a divorce through mutual consent. The petition can also be withdrawn when either of the party is ready to change and modify the marriage for a better future.
Amardeep Singh v. HarveenKaur, the Supreme Court made a notable observation by holding that 6 months cooling-off period as expected is not mandatory.
Now the 2nd motion in which after the expiry period of 6 months given by the court another petition is filed by the divorce lawyer with the same process followed in 1st motion. After the proceedings and other formalities, the court passes an order of decree of divorce as the final order.
Marriages are made in heaven but sometimes two souls are not made for each other hence no other alternative is left except separation. Our law gives everyone the right to life and liberty which states that anyone can live in any manner they want to whether in a wedded life or without it. In earlier times it was difficult for people to raise a voice for themselves especially for women but now everybody fights for their rights and the main factor are literacy. Under Hindu law, the parties can dissolve the marriage on the basis of the theories of divorce also. Further, it is the main ground available for the couple to dissolve the legally wedded marriage commonly.
What Is Contested Divorce?
A contested divorce is where one spouse files a divorce petition against the other. There are mainly two types of divorce petition in India: Divorce by mutual consent and Contested Divorce. Divorce by mutual consent is where both the parties mutually agree to terminate their marriage and jointly file a petition in the court.
In a contested divorce, one spouse file the petition against another stating some allegations as a reason for divorce. A contested divorce is the most confused and difficult type as the disputing parties have to state all the issues raised between them which is a ground for their divorce. This type of divorce occurs when both husband and wife do not come to a conclusion and do not agree to the agreement mutually. Therefore, the divorce proceedings take much longer to complete and typically involve greater stress.
The grounds on which divorce can be granted:
- Cruelty includes both physical and mental cruelty.
- Unsoundness of mind which is an incurable or mental disorder of such a kind and to such an extent that it is reasonably not expected for the parties to live together.
- Desertion (for a continuous period of not less than 2 years)
- Adultery (voluntary having sexual intercourse with any person other than his or her spouse)
- Suffering from Venereal Disease in a communicable form.
- Suffering from a virulent and incurable form of Leprosy.
Shobha Rani Vs. Madhukar Reddi the wife moved the Court for divorce on the ground of cruelty. It was held that decree for dissolution of the marriage granted. Cruelty, which may be physical or mental, intentional or unintentional, has to be understood in the ordinary sense of the term in matrimonial affairs.
Differences between Mutual Divorce & Contested Divorce
Ground for divorce
Under mutual divorce, the reasonable ground is not required to file a petition. But in a contested divorce, the petition can be valid only if there is a reasonable ground.
Cooling Off Period
There is no concept of a cooling-off period in a contested divorce as there are no chances of settlement between the disputing parties. However, there is a cooling-off period of 6 months in mutual divorce giving parties another opportunity to rethink.
Maintenance, Child Custody, & Division of Property
In a divorce by mutual consent, the issues relating to maintenance, child custody, and division of property are decided between husband and wife. However, in a contested divorce, another petition is filed in the court to deal with these matters just like a divorce petition.
Filing a Divorce Petition
In a mutual divorce, a joint petition is filed by the husband and wife in court. However, in case of a contested divorce, the spouse files the divorce petition against another.
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Contact for Divorce Consultation
Gupta & Associates offers divorce & family matters related services in Delhi/NCR. We provides best legal advice in divorce process. Our experienced lawyers Mrs. Sumita Gupta & Mrs. Shikha Gupta are main key contact for the service in Delhi/NCR.
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Mrs. Sumita Gupta: +91 98105 86552
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