Divorce through Mutual Consent: When both the parties i.e., the husband and wife mutually agree to obtain a divorce, the courts will grant a decree for divorce with mutual consent. The couple should prove that they have been separated for over a year and that they have been unable to live together. The main characteristic of a divorce through mutual consent is that matters such as children’s custody, maintenance and property rights could be agreed to mutually. If the courts believe that there is a chance of reconciliation amongst the parties then it will order a duration of 6 to 18 months between the date the divorce petition is filed and the divorce decree is pronounced. It is important to note that living separately does not necessarily mean living in different locations; the couple only needs to prove that they have not been living as husband and wife during this time period. Section 13B of Hindu Marriage Act,1995 Talks about mutual divorce. Divorce through mutual consent is relatively inexpensive and quicker than a contested divorce
Withdraw of Consent: Consent given for divorce by ‘mutual consent' can be withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases, a decree for divorce will not be granted.

Cruelty- Cruelty may be physical or mental. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
Adultery- In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.
Desertion- One spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason
Conversion- Divorce can be sought by a either spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.
Mental Disorder- If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.
Renunciation of the World- If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce
Presumption of Death- If the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.
Documents Require To File Divorce in India
- Address Proof of Petitioner
- Marriage Certificate / Invitation Card / Photographs
- Affidavit (Income & Expenditure )
- Passport Size Photograph of Petitioner Further Divorce Proceedings will be handled by our Lawyers after Duly Signing VAKALTNAMA
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Nice post, the information is given on this article is really useful, i would like to share one more best mutual divorce procedure in India: mutual divorce petition
ReplyDeleteMutual divorce petition- Although several regulations have been implemented over the years, the divorce process in India is still difficult, and it will take months to dispute the divorce.
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How to apply for divorce- A divorce also means that one of the spouses will be granted sole custody of any children involved in the case. This means that the otheR
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how to file a divorce- Mutual divorce is a divorce in which both parties agree to the terms of the divorce and do not contest the divorce.
ReplyDeleteGood post . A person is required by law to support their spouse financially, either before or after the couple separates or gets alimony laws in india .
ReplyDeleteDivorce can be painful and exhausting, so you should speak to an expert who can ease the process. Discover all types of remedies you can claim for divorce on mutual consent and other types of divorce on Vakilsearch.
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