Hindus consider marriage a holy union of two bodies to become one and live happily ever after. Creators of this principle didn’t know that living happily is a myth today. A bad situation can be improved.
If you are considering divorcing your spouse, you may want to consider talking to a lawyer. Lawyers in Delhi can provide you with the guidance and support you need to through this difficult process.
Indian law offers many divorce options. Mutual consent simplifies divorce. Divorce by Mutual Consent occurs when the husband and wife agree to separate and divorce. Section 13-B of the 1955 Hindu Marriage Act allows both spouses to divorce.
Mutual Divorce Conditions
In order to obtain mutual consent for divorce in India, three conditions must be met. These are the grounds:
• Both parties to the marriage have been living separately for a year or more.
• They have not been able to cohabit.
• They have now mutually agreed to end their marriage.
Documentation Is Required
• Husband’s address proof
• Proof of wife’s address
• Marriage license
• Four passport-sized photographs of the husband and wife’s marriage
• Evidence that spouses have been living apart for more than a year.
• Evidence relating to failed reconciliation attempts
Furthermore, when the case is heard in court, the following documents must be presented in order to obtain a Divorce Decree:
• Personal Income Tax Returns (3 years)
• Current income information
• Birth and family information
• The specifics of the assets
Jurisdiction And Competent Court
There are several courts that can hear a divorce case, but only the competent court can issue a Regular Valid Decree. The petition for mutual divorce can be filed in any of the following courts:
• The court with jurisdiction over the area where the couple seeking divorce most recently resided together.
• The court with jurisdiction over the area where the marriage was performed
• The court with jurisdiction over the area in which the wife currently resides
Divorce By Mutual Consent Procedure
The divorce process may appear to be a little hectic, but it is the best process to follow. The procedure is as follows:
• A petition under Section 13 B of the Hindu Marriage Act of 1955 will be filed.
• Both parties must file this petition for divorce in the District Court together.
• After at least one year from the date of marriage, the parties intending to the divorce may file for divorce.
• Both parties must file a petition for divorce with the District Court together.
• The parties must demonstrate that they have been living separately for a year or more prior to filing the divorce petition.
• The Family Court of the city/district where the parties last resided together has jurisdiction (matrimonial home).
• The divorce petition is filed in the form of an affidavit, stating that the divorce is by mutual consent and containing the parties’ agreed-upon clauses. (First Proposal)
• The court will record both parties’ statements.
• A cooling-off period of six months (no more than eighteen months in any case) is granted by the court in a case where the parties wish to consider any reconciliation.
• During the six-month period, any of the parties has the full right to withdraw the mutual consent by filing an application with the court.
• After six months, the parties appear in front of the court.
• The parties confirm the earlier-filed mutual consent.
• The court issues a Divorce Decree.
