What Is The Procedure For Mutual Divorce In India?
Divorce by mutual consent mainly refers to a peaceful split between a husband and wife who have agreed to it. Both the husband and the wife should consent to the divorce on agreed terms, including any alimony payments, maintenance obligations, and child custody arrangements. Section 13-B of the Hindu Marriage Act of 1955 and Section 28 of the Special Marriage Act of 1954 both contain provisions about divorce with mutual consent. According to the Hindu Marriage Act, parties must wait at least a year from the date of separation before seeking to dissolve their union. Prior to presenting the divorce petition, they must demonstrate that they had been living apart for at least a year and that they had been unable to cohabitate as husband and wife during this time. Parties do not necessarily need to reside under different roofs. Divorce Filing Procedure mutual agreement Filing of the family court petition: Both spouses file a joint petition with the Family Court for the dis...