What is Divorce by Mutual Consent?

Looking for a lawyer for mutual divorce in Delhi? Know what is mutual divorce first.

 

Mutual Divorce under the Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955 (HMA) governs marriages between Hindus, Buddhists, Jains, and Sikhs. Over time, the Act has undergone various amendments, one of which pertains to the introduction of the concept of mutual divorce. Mutual divorce offers a less contentious route to dissolution of a marriage.

Section 13B: Divorce by mutual consent

Under Section 13B of the HMA, a provision exists for divorce by mutual consent. Here are the key aspects of this provision:

1. Filing of Petition: 

Both parties can jointly file a petition seeking divorce before the district court. In the petition, both parties should state that they have been living separately for a year or more, they haven't been able to live together, and they have mutually agreed that their marriage should be dissolved.

2. First Motion Statement: 

Once the petition is filed, both parties must record statements, confirming the mutual agreement for divorce.

3. Waiting Period: 

After filing the initial petition, there is a waiting period of six months. This waiting period can be waived off under certain circumstances based on the discretion of the court.

4. Second Motion: 

After the waiting period, both parties should file a 'Second Motion' to reconfirm their mutual consent for divorce. If the court is convinced after hearing both parties that it is an uninfluenced, consistent desire for divorce and all conditions are met, the divorce will be granted.

5. Final Decree:

 Once the court is convinced about the mutual consent of the parties, the court will pass a decree of divorce, declaring the marriage to be dissolved.

6. Withdrawal:

 It's worth noting that if either party withdraws their consent between the first motion and before the passing of the decree, the court cannot grant a divorce.

Advantages of Mutual Divorce:

Simpler process: 

As both parties are in agreement, the process is quicker and less complicated.

Cost-effective: 

Mutual divorce typically involves fewer legal proceedings, making it less expensive.

Less emotional stress:

Without the usual courtroom battles, both parties experience a less emotionally draining process.

Conclusion:

Mutual divorce is a provision under the Hindu Marriage Act that allows couples to part ways amicably. It simplifies the often tedious and complex legal process associated with divorce and provides an avenue for couples to move on without the added strain of prolonged legal battles.

For any further queries on mutual divorce or any other legal matters, feel free to contact BLJ Legal. Our team of experts will be more than happy to assist you.

(Note: Always consult with a legal professional when considering a divorce or any other legal action. The information provided here is general in nature and may not apply to specific situations or jurisdictions .)

-BLJ Legal