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Mutual Consent Divorce

Submitted by asandil on Wed, 09/02/2020 - 21:41

 

Taking a mutual consent divorce removes unnecessary quarrels and saves a lot of time and monetary resources. With the ever-rising number of applications being filed for divorce, mutual consent divorce is one of the best-given options. 

In cases of divorce, petitions filed by husband and wife mutually contending each other and they come to the court prior to the period of the statutory waiting period of six months. Now, by virtue of the judgment rendered by the honorable court in the case of Amardeep Singh, here in court as reported on 12 Sep 2017, according to this Supreme Court said that, yes, the compulsory period of six months is now waived off. According to the Hindu Marriage Act, Section 13 B as per para number one, it is mandatory that for the parties going for mutual consent, they have to wait for six months. But that waiting period now is not necessarily subject to four conditions. 

1. that the parties to the litigation that is husband and wife who have filed a common vision for our lives, have to state in the application that they have stayed separately for a period of one year after the marriage. So the condition is one year gap period, They should not live together. So that must be observed by the courts below.

2. Number two is as per order 32 of the civil procedure code, then section 23, Clause two, and Section nine of the Family Courts Act. Reconciliation is a mandatory process and the family court must see that for these both parties, reconciliation is done. And despite the reconciliation efforts, if the parties fail to agree and the courts found that the spirit of several efforts, it is not possible for them to live together or make them live together, then waiver application can be availed. 

3. All disputes regarding children, their maintenance are written on good notes and all these issues must have been settled between the parties. If that is pending and both parties file a petition for a waiver of six months, then the application should not be allowed.

4. It should be proof that even if they wait for any number of months, it is only a statistical waiting period. Nothing else in such cases. Supreme Court said that in the case of Amardeep Singh versus Harvey, that waiting period of six months is not necessary. It can be dispensed with and family courts can say they will grant the divorce. So this is an important judgment of 2017 by the Supreme Court, according to this judgment now across the country. Now both parties who want those on the grounds of mutual consent, they are running to the family courts. 

Petition for mutual consent divorce can be filed at any of the following places with the help of Mutual divorce lawyer :- 

1 Place where marriage had taken place

2. Place where husband and wife last resided together.

3. Place where the wife is residing at the time of filing of the Petition 

Requirements to be complied with for a Mutual Divorce: 

The parties have been living separately for a period of not less than one year.

No reconciliation or adjustment is possible between them. 

The parties have freely consented to the agreement of dissolution of marriage.

Process/Steps involved in Mutual Divorce:

Joint Petition to be filed

Appearance of Parties 

Scrutiny of the Petition by Court 

Recording of Statement and passing of order on First Motion

Second Motion - After 6 months if parties are still firm on the decision of divorce

Judgment is passed by the Hon'ble Court. 

The following documents would be required for a divorce by mutual consent: 

Address proof of husband 

Address proof of wife 

Details of professions and present earnings 

Certificate of Marriage

Family background information 

Photographs of marriage between husband and wife

Evidence to prove that the husband and wife have been living separately for more than one year

Evidence proving failed attempts of reconciliation 

Income tax statements 

Details of property and assets of the parties 

Certain other documents may also be required.