When both husband and wife mutually decide that they cannot live together then the best solution is to end their marriage mutually in a very peaceful manner. They then can jointly present a Mutual Divorce Petition before the family court, without putting any allegations. Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous. If a couple is looking for a legal separation without fighting and long battle in ligation, mutual consent divorce is the best way to go through. The consent divorce is for all the Hindus, Buddhist, Jain or Sikhs.
The main term is the word “Mutual” consent of both the spouses under which consensus on three main aspects has to be reached: alimony or maintenance, property and child custody. If the husband and the wife have been living separately for a period of one year or more and are no longer willing to live together, then they both can mutually apply for a divorce petition. It is important that the parties show that they have been residing separately for least 1 year or more before filing for a divorce petition. Divorce is granted once the couple has filed their case and their statements are recorded. The couple has to visit the court after the said six months for making a second motion that confirms the mutual consent divorce. The focus point is that the court with grant divorce only after the second motion.
Further, any of the spouse during the period of 6 months, when the petition is pending in the court, can file an application stating that he/she does not wish to seek divorce under mutual consent and that they want to withdraw the divorce petition. When filling a divorce under mutual consent the petition needs to be in form of an affidavit and submitted to the family court.
Another most common question that pops up is how much time Mutual consent divorce takes? The answer to this is from the date of filing of the petition, on an average, divorce may take between 6 months to 1 year. Mutual divorce takes the least time as compared to the contested divorce process. It Is considered to be the fastest way to get a divorce in India.
Essentials For a Mutual Divorce
- The spouses living separately (whether in the same matrimonial house or separate residence) for a period not less than one year.
- There is no scope of reconciliation or adjustment possible between the parties. They have failed all reasons whatsoever to live together.
- There is free consent to the agreement of dissolving of a marriage
- Any party can withdraw the mutual divorce petition in course of six months from the date of filing of the petition.
Steps in Mutual Divorce
The process of mutual divorce starts with the filling of the divorce petition as given under Section 13 Bot the Hindu Marriage Act,1955. The procedure involves two motions.
- A signed JOINT PETITION is filled in the court by both parties. This petition contains statements by the partners, they no longer can stay together due to their differences and should be granted the divorce. A settlement deed is also drawn up splitting the assists, custody of child etc.
- APPEARANCE OF THE PARTIES in the family court.
- EXAMINATION OF THE PETITION BY THE COURT.
- Once satisfied, the court orders for the recording of statements on oath. Thereafter, an order on the FIRST MOTION is passed. The time period of six months given after which SECOND MOTION is filled within a period of 18 months form the first motion.
- The most important requirement in mutual divorce is the MUTUAL CONSENT which is free consent of both parties.
- After hearing the recorded stamens and many attempts of failed reconciliation, the court will pass a decree of final divorce.
The biggest advantage of such divorce by mutual consent is that it removes all unnecessary quarrels and saves time. The parties can file for a mutual divorce in the family court of their matrimonial home or in the courts of the city where the marriage was solemnized.
