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How to get divorce in India by mutual consent

How to get divorce in India by mutual consent

Anything which starts has a definite end. Sometimes it lives its course of life and sometimes it ends half way through. Marriage in our Indian society is considered to be the most sacred relation that can be shared by any two people. And it is always assumed that these two people will live upto the holy expectations from the marriage. But that does not happen every time. Due to some unavoidable circumstances the parties to the marriage no longer wish to be together. And for the rescue of these people our Indian law has a special act namely The Hindu Marriage Act, 1955 which deals with the controversial process of ‘divorce’. In these article particularly, we will be dealing with the process of getting a divorce by mutual consent.

Divorce by mutual consent means that both the parties i.e. the husband and the wife are of the belief that the marriage should be ended and file for divorce. In India, Hindu marriages are governed by Hindu Marriage Act, 1955. This act provides for conditions of a valid marriage, divorce etc. Divorce under Hindu Marriage Act is dealt under section 13. The section 13(b) of this act provides conditions for divorce by mutual consent. There are primarily 3 conditions under section 13(b):

  • The husband and the wife should be living separately for a period either equivalent to one year or more.
  • Because of some unavoidable conditions they no longer can live with each other.
  • Both the parties mutually decide that they should dissolve the marriage.

In the state of Gujarat which is ranked 6th in the number of divorce applications filed, all the divorce lawyers in Ahmedabad certainly agree that this is the best way of getting a divorce because it saves time, money and energy of both the parties and definitely keeps the name of the respective families intact. This way of seeking divorce is also beneficial for our judicial system where there are so many pending applications seeking divorce. The divorce lawyers in Ahmedabad practice in the family court of Ahmedabad.

The process of divorce by mutual consent requires both the parties to be present before the court only twice. Firstly, both the parties are required to file a joint petition signed by them in the court. In the first hearing, statements of both the parties are recorded as to why they want the divorce, how the assets will be split up, who gets the custody of the child etc. and this is signed before the court. Hearing this, the court grants reconciliation period for both the parties to settle the feud and dissolve the decision to end the marriage. This period is usually of 6 months. After the end of these 6 months if the parties still want to get the divorce, then they are required to appear for the final hearing. In the final hearing, the divorce decree is granted by the court the way it deems fit. If it has taken both the parties to file for second motion, more than 18 months then the court will not grant the decree of divorce. The consent of both the parties, if not seen by the court, it may choose to not grant the divorce.

The divorce laws in India are still very much on the paper only. There are provisions for almost each and every different condition any marriage is going through yet the reality is a little too far away till today. Divorce by mutual consent has problems of its own. On the face of it, it may look like both the parties want the divorce but sometimes intermediately one of them is just forced to go through the process of divorce under section 13(b). More than the need for any amendments, the divorce laws will be the paradise for both the parties seeking it, if the existing laws are just enforced with utmost honesty.