The procedure of divorce with mutual consent in India is less expensive and less traumatic as compared to the contested divorce procedure
- Divorce is a legal process of separation after marriage, when both the parties (husband and wife) wants to separate with their own will after marriage, is called at divorce with mutual consent. Both husband and wife can apply for the divorce mutually.
- Divorce is called a contested divorce or divorce without mutual consent when it is filed without the approval of either of the spouse(husband or wife). Most of the times the reason for filing such divorce can be cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world.
MOST IMPORTANT POINTS TO REMEMBER WHILE DIVORCE
- Child Custody – Which partner will get the child custody after divorce
- Alumni/Maintainance – If one of the partner is unable to meet his daily expenses then other needs to pay him a certain sum of amount . It is subject to mutual understanding between the partners(husband and wife).
- Settlement of Property and Assets – Settling the ownership rights of property and asset between the parties(Husband and wife)
WHEN ONE CAN APPLY FOR MUTUALLY CONSENTED DIVORCE
Husband and wife both should be willing to get separated is the first and foremost rule when it comes to a divorce with mutual consent. Also following things one should be aware of before filing a divorce :
- Husband and wife should be staying separately for the period of minimum one year.
- Husband and wife both are agreed for the divorce.
- They are unable to live together anymore.
- Minimum one year from the date of marriage
PROVISION’S IN THE LAW FOR MUTUALLY CONSENTED DIVORCE
As we know there are different acts for marriage registration, the same applies for divorce as well, the law has different provisions as per the marriage acts which are :
- Section 13B of the Hindu Marriage Act 1955(Period of separation = 1-year minimum)
- Section 28 of the Special Marriage Act, 1954
- Section 10A of the Divorce Act, 1869 (Period of separation = 2-year minimum)
- Section 32B for Parsi Marriage Act 1936
- And under the sections of Christian and Muslim Marriage Act.
DOCUMENTS REQUIRED FOR DIVORCE WITH MUTUAL CONSENT
- Marriage Certificate
- Address Proof – Husband and Wife.
- Four Photographs of Marriage.
- Income tax Statement of last 3 years.
- Details of profession and Income (Salary slips, appointment letter)
- Details of Property and Asset owned
- Information about family (husband and wife)
- Evidence of Staying separately for an year
- Evidence relating to the failed attempts of reconciliation