Call us: +91 9406549595.
info@rvpadvocates.com
RVP AdvocatesRVP AdvocatesRVP AdvocatesRVP Advocates
  • Home
  • About Us
  • Areas of Practice
  • Our Clients
  • Media
  • Articles
  • Legal Updates
  • Contact Us

Divorce by Mutual Consent

Home Legal Articles Divorce by Mutual Consent
NextPrevious

Divorce by Mutual Consent

By Raghvendra Singh Raghuvanshi | Legal Articles | 0 comment | 6 June, 2023 | 0

Divorce is a difficult decision, but sometimes it becomes the best option for couples who find themselves unable to continue their marriage. In India, divorce by mutual consent is recognized under both the Hindu Marriage Act, 1955, and the Special Marriage Act. In this blog, we will explore the provisions and procedures for obtaining a divorce by mutual consent under these acts.

Divorce by Mutual Consent under the Hindu Marriage Act, 1955: The Hindu Marriage Act applies to Hindus, Buddhists, Jains, and Sikhs who are married under their respective religious customs. To initiate a divorce by mutual consent under this act, the following conditions must be met:

  1. Separation Period: The couple must have lived separately for a continuous period of one year or more before filing the divorce petition.
  2. Consent: Both spouses must mutually agree to dissolve the marriage and file a joint petition stating their intention to divorce.
  3. Living Apart: During the period of separation, they must have lived apart and have not been able to reconcile their differences.

Procedure for Divorce by Mutual Consent under the Hindu Marriage Act: The process for obtaining a divorce by mutual consent under the Hindu Marriage Act involves the following steps:

  1. Filing a Joint Petition: Both spouses must jointly file a petition for divorce in the District Court or Family Court where they last resided together or where either of them currently resides.
  2. Statements and Affidavits: Along with the petition, both spouses must provide their statements and affidavits stating their consent for divorce and the reasons for seeking dissolution of the marriage.
  3. Cooling-Off Period: After the petition is filed, the court grants a mandatory six-month “cooling-off” period. This period allows the couple to reconsider their decision and gives them an opportunity for reconciliation. Cooling off period can also be waived off by the Court on its discretion, if the parties are living separately for a period of more than total 18 months from the date of preceding the filing of petition.
  4. Second Motion: After the cooling-off period, both spouses must appear before the court again and reconfirm their consent for divorce by recording their evidence and settling all pending disputes and transactions of exchanging their alimony, stridhan, other items etc. If the court is satisfied with their consent, it grants a decree of divorce.

Divorce by Mutual Consent under the Special Marriage Act: The Special Marriage Act applies to all Indian citizens, irrespective of their religion or faith. The provisions for divorce by mutual consent under this act are similar to those under the Hindu Marriage Act.

Procedure for Divorce by Mutual Consent under the Special Marriage Act: The process for obtaining a divorce by mutual consent under the Special Marriage Act is quite similar to that under the Hindu Marriage Act. The couple needs to file a joint petition for divorce, provide their statements and affidavits, and go through the cooling-off period. After the cooling-off period, they appear before the court again to reconfirm their consent, leading to the granting of the divorce decree.

Conclusion: Divorce by mutual consent provides an amicable way for couples to end their marriage when they both agree that it is the best option. The Hindu Marriage Act, 1955, and the Special Marriage Act outline the legal provisions and procedures for obtaining a divorce by mutual consent in India. It is important for couples seeking divorce to consult with legal professionals who specialize in family law to ensure a smooth and fair process. Remember, divorce should always be a last resort, and couples should explore all possibilities of reconciliation before taking this step.

Article by: Raghvendra Singh Raghuvanshi & Nidhi Vaidya, Advocates-High Court of MP, Indore.

mutual consent divorce in indore

Raghvendra Singh Raghuvanshi

More posts by Raghvendra Singh Raghuvanshi

Related Post

  • mx player download for windows 10 ✓ Get MX Player for PC Now!

    By Raghvendra Singh Raghuvanshi | 0 comment

    mx player download for windows 10 – Experience versatile media playback with MX Player on Windows PCs. Enjoy ✓ subtitle support, ➔ hardware acceleration, and ★ gesture controls for an enhanced viewing experience. Download now!

  • Difference between permanent alimony and maintenance

    By Raghvendra Singh Raghuvanshi | 0 comment

    In Indian family law, the terms “permanent alimony” and “maintenance” refer to different concepts regarding financial support for a spouse. However, it is important to note that the terminology and application of these concepts mayRead more

  • Quashing of False FIR

    By Raghvendra Singh Raghuvanshi | 0 comment

    In India, a false FIR (First Information Report) or a criminal case can be quashed by the trial court or the High Court depending on stage of the case if it is determined that noRead more

  • Partition of Family Property

    By Raghvendra Singh Raghuvanshi | 0 comment

    Partition of family property refers to the division or distribution of jointly owned property among the legal heirs. The division can occur either by mutual agreement or through a legal process, such as filing aRead more

  • Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

    Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

    By Raghvendra Singh Raghuvanshi | 0 comment

    The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations.Read more

  • Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period

    By Raghvendra Singh Raghuvanshi | 0 comment

    Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach asRead more

  • Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench

    Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench

    By Raghvendra Singh Raghuvanshi | 0 comment

    Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into theRead more

  • WhatsApp v Right to Privacy: New Data Protection Bill ready to be tabled in Monsoon Parliament Session, informs Centre; Supreme Court defers hearing

    WhatsApp v Right to Privacy: New Data Protection Bill ready to be tabled in Monsoon Parliament Session, informs Centre; Supreme Court defers hearing

    By Raghvendra Singh Raghuvanshi | 0 comment

    The issue before the Supreme Court pertains to the question whether WhatsApp’s privacy policy which was introduced in January 2021 is in violation of right to privacy under Article 21 of the Constitution of India.Read more

Leave a Comment

Cancel reply

Your email address will not be published. Required fields are marked *

NextPrevious

Recent Posts

  • Empowering Justice: The Significance of Writs in Safeguarding Fundamental Rights in India
  • Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case.
  • Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce.
  • Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes.
  • Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

Recent Comments

    GET IN TOUCH

    Get In Touch

    • 315, City Centre, Opp. MP High Court, MG Road, Indore- 452001 (MP)
    • +91 9406549595
    • +91 731 4049595
    • info@rvpadvocates.com

    Quick Links

    • Contact Us
    • About Us
    • Disclaimer

    Connect With Us

    Copyright 2023 | Raghuvanshi Vaidya & Partners | All Rights Reserved
    • Home
    • About Us
    • Areas of Practice
    • Our Clients
    • Media
    • Articles
    • Legal Updates
    • Contact Us
    RVP Advocates