Tag: divorce

Mutual Divorce as per Hindu Marriage Act, 1955

Divorce is a very serious issue. Nowadays, the seriousness is vanished the couple find it very easy to end up a relationship without thinking twice about the decision. Some Couple knows it all about the consequences they could suffer later on but apart from it they decide to end up the marriage rather than sitting together and solving the differences between themselves.

What is Divorce by Mutual Consent?

Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.

The conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more.

(ii) That they are unable to live together.

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.

As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.

Where to file a divorce petition

1. The court can be one where couple seeking divorce last lived.

2. The court can be one where the marriage was solemnized.

3. The court can be one where the wife is residing as of present.

The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one.

According to the Hindu Marriage Act, 1955; a petition for a ‘mutual divorce’ can be filed if you and your spouse are facing difficulties and have decided to part your ways legally.

You can even file for divorce if the other party is not willing to get a divorce- this is called, ‘Contested Divorce’.

Points to be discussed before getting a divorce by mutual consent

  1. Maintenance
  2. Child custody
  3. Settlement of Property and assets

Requirement of Documents for filing Mutual Divorce Petition:

  • 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

Procedure for getting a decree of divorce by mutual consent

Step 1: Jointly filing a petition

A divorce petition in the form of an affidavit is to be signed by both parties and filed before a family court in their region.

Jurisdiction of the court should not be a major issue in filing for divorce as the petition can be filed within the local limits of the ordinary civil jurisdiction of where the marriage was solemnized or where either of the parties currently resides.

As mentioned earlier, the parties to a marriage must be living separately for at least one year before filing the petition.

Step 2: First Motion

After filing the petition the parties shall appear before the court and give their statements. If the court is satisfied and the statements are recorded then the first motion is said to have been passed, following which a waiting period of 6 months will be given to the parties before they are able to file the second motion.

This waiting period as statutorily prescribed under Section 13B(2) of the Act is for the parties to introspect and think about their decision. It is a time given for them to reconcile and give their marriage another chance, just in case they decide to change their mind.

Anyhow, sometimes the court may be convinced that the marriage has reached the point of no return and the waiting period will only expand their misery. In that case, this period can be waived off by the court. This period if not waived off can extend up to 18 months. If the parties still want to get divorced they may now file for second motion. The second motion can be filed only after the waiting period of 6 months and before 18 months has elapsed.

Step 3: Second Motion

This is when final hearings take place and statements are recorded again. If the issues of alimony and child custody (if any) are mutually agreed upon the decree of divorce is passed after this step. The marriage has finally ended by now and divorce by mutual consent has been granted.

Conclusion

In my views marriage is a unique friendship where you find a best friend and a soulmate. In friendship sometimes we have to adjust according to our friend as per their likes and dislikes. Similarly, in marriage we need to make some compromise to make it work throughout our life. Taking such important decisions so quickly will offer us nothing. So we should try to make it work rather than leaving someone for just some bad incident in the past months or years.

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It’s a Marriage..!

There are a lot of people in this world who are definitely sure about the fact that they are going to walk the aisle once for sure in their life can be more too lol. But is this decision that important is there a need to marry! So if you ask me it is equally important as well as not so important and it’s totally dependent upon your personality, your mindset and your aspirations and your desires.

So let’s start with why is marriage an important part in anybody’s life. This thing is for certain that before you get married make sure that you have experienced everything there is to experience in this whole wide world which doesn’t happen most of the time. But Ladies and Gentlemen no worries you can always roam with your mio amore but make sure that you are ready to settle down to start something calm, stagnant and homely as marriage without these three sounds like a Banana. Find someone you love and then you can actually live a life worth living. As marriage is something which gives us a sense of sensibility and a pride to prejudice sorry Jane Austen this world ain’t made for your book. Jokes apart lets proceed to the fact that why is marriage so important and why it isn’t. So if you really find your soulmate or that person who maybe your soulmate is as usual definition goes and i quote as someone who accepts you for what you are and not for your bank balance or your job or your looks then no harm comes from getting married. But we can’t forget the gospel that not everybody is supposed to get soulmates, is the place where people actually do mistakes. According to me if you are not so attached with that whole scenario of walking the aisle then it’s best not to get married as when you put a piece of really expensive stone on your so called soul full relationship it may last and it may not and nowadays it’s the latter rather than the former. Never ever compromise your happiness, your personality and your mental stability and integrity for one idiotic or lost being , well I mean there are eight billion humans on planet earth for god sake you will find another one for sure but if you can help the idiotic ones please do help them. So live for yourself and love your family and if you get a chance do fall in love as that feeling to surrender yourself to a single person with body, mind and soul is something heavenly and it’s the creation god indeed.

then comes the mother of demons ‘Arrange marriages in India. If you think about it arrange marriage is one of the most flawed concepts which we possess as im gonna get married but my parents will decide the one for me. Well in a manner Indian parents act as it’s some kind of moral obligation they have towards their children but in reality it’s a really messed up thing Parents opening up accounts in matrimony sites is one of the most violating thing one can ever imagine. To all the parents out there if you are so into deciding your boy’s or girl’s partner take control of their dating sites Tinder and Grinder will accept you with open arms And most importantly know this that we don’t choose who we fall in love with and putting a name on it is your decision as such yours and yours only for now and for ever……….. Love is a weird thing as it makes ones life enough to seek Hadraniel and to ask him for refuge as he also stands defeated in the acts of love!