A mutual consent divorce, similar to the name proposes, is a kind of divorce wherein both the life partners concur for divorce. The life partners are on neighborly terms and mutually appeal for a pronouncement of divorce. Along these lines, both the husband and wife give their full consent to a divorce and concur that they can’t live respectively any longer. It is a simpler and smoother approach to get a divorce, as the cycle is fundamentally procedural.
To get a mutual consent divorce, the companions need to document a joint divorce petition in their family court and afterward record their statements. After swearing to tell the truth, they should state that the two of them uninhibitedly and with full consent to break down their marriage. All marriages solemnized in India can be repealed by mutual consent if the two players consent to something very similar.
- The couple should have lived independently for something like one year or one and a half. We should note here that ‘living independently’ doesn’t mean in various geological areas. What the law implies by this expression is that the mates have not lived as man and wife. The court can’t go past the initial step except if the companions demonstrate that they have been living without respecting their conjugal rights for longer than a year.
- The gatherings can’t live respectively and don’t feel that compromise is conceivable.
- Both the life partners give their free consent for the dissolution of their marriage.
- The gatherings reserve an option to pull out the petition between the First and Second Motions. On the off chance that one of the gatherings pulls out their allure, the other should battle a challenging divorce to break down the marriage.
Would You Be Able To Get A Mutual Divorce Following A Half Year Of Marriage?
According to various divorce laws in India, to apply for a mutual consent divorce, the couple probably lived independently for something like one year. Hence, couples can’t document a petition for mutual divorce within a half year of getting hitched. According to Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, the two players can petition for a mutual divorce solely after living independently for a year.
After this period, the court in India may recommend an additional half-year cool-off period too for the couple. On the off chance that you wish to petition for a divorce before this one year, you should go for a challenging divorce and make your grounds clear to the court.
In some desperate cases of divorce between a couple, like a torment, provocation, and different difficulties, the court will divorce even before the one-year point. Be that as it may, in such cases, the life partner should demonstrate the grounds, like cruelty, adultery, leprosy, or weak psyche.