Last Updated on June 20, 2024 by Satish Mishra
Mutual Divorce was introduced in the amendment of 1976 in the Hindu Marriage Act. This term basically refers to when both the husband and wife are in agreement that they cannot reside together and would like a divorce. Henceforth, the can go to the court and file for a mutual divorce without making any allegations against each other.
Before filing for divorce the husband and wife also have an option for staying apart i.e. try separation for a period of one year or more and further if there is no conciliation they can file for a divorce.
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It has been held that the quickest and easiest way to get divorced is for filing it under mutual divorce, this way there wont is any ugly fights and both parties can cordially part ways.
As per the law the period of getting divorced on the basis of mutual divorce is six months however during these six months can file for a second petition too. However this period of six months is not mandatory. It the court does not think of it as important the court can let go of these six months of cooling period.
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A person seeking a mutual divorce can file for it under any of the following places:
- Place where the marriage took place
- Place of residence
- Residence of wife at the time of filing of petition.
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The steps involved while filing for a mutual divorce are as follows:
- Both the parties have to appear in the family courts on the dates of the hearing, which will be fixed, by the court.
- The court will scrutinize the petition and the documents submitted and once the court is satisfied they can also try to bring the parties to reconcile.
- After the first motion has been passed the parties will get a period of 6 months after which they can file for the second petition.
- After the six months if the both parties are still not in terms of reconciling they can appear for second motion for the final hearing.
- After this the court by the effective reviewing will consent the parties for mutual divorce.
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Filing for a mutual divorce saves a lot of time for both the parties and also reduces the change of ugly battles in the courtroom. Since there has been an increase in the number of divorces in the past, it is most sensible to file for a mutual divorce. However, the parties have an option to file for a contested divorce as well. A contested divorce can be filed on any of the following grounds like cruelty, desertion, voluntary sexual inter-course with another person, unsound mind, conversion of religion by other spouse, leprosy, venereal disease, a spouse having renounced the world or being missing for a period of more than 7 months.
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In order to file for a mutual divorce the parties will have to submit the following documents:
- Address proof of husband
- Address proof of wife
- Details of professions and present earnings
- Certificate of Marriage
- Family background information
- Photographs of marriage between husband and wife
- Evidence to prove that the husband and wife have been living separately for more than one year
- Evidence proving failed attempts of reconciliation
- Income tax statements
- Details of property and assets of the parties
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If court asks for any further documents the parties will have to comply with courts desires.
In case of mutual divorce both the parties have to come up with an agreement for either the alimony or the maintenance. This is decided and agreed by the court on the grounds like of any other divorce, which includes considering the financial stage, health, age and other factors.
The parties are also required to settle the dispute of child custody just like it is done in any other case. The parents are supposed to come up with a stable parenting and custody plan.
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Lastly, the following requirements must be fulfilled to obtain a mutual divorce:
- The parties should have been living separately for at least a year.
- If parties reconcile and start living together then the separation period will end.
- The parties must have come up with divorce freely and without any pressure.
- The parties in case if they seem to come for reconciliation are free to withdraw their petition.
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Hence, a mutual divorce is an easier way to handle the situation especially when child custody is involved too as it makes it easier for the family to adjust and move ahead with their lives peacefully without any grudges.
You must seek advice of best/expert Divorce/Matrimonial/Family matter Advocate/Lawyer for your case.
This post is written by Jagriti Mahajan of Kurukshetra University (KU, 2021) Batch. For more info on subject, please dial 99888-17966.
