Last Updated on June 10, 2024 by Satish Mishra
Divorce is bad be it any (Mutual or Contested ) and the lawyer who does it for living is equivalent bad. Strictly no mercy on him. He is the most evil soul on the planet as he breaks the home of many for his living but that’s not entirely true.
We all have shades of grey so do as Lawyers and Advocates who take Divorce cases for a living in Chandigarh, Panchkula, Mohali and Zirakpur.
With my experience, stage of Divorce comes in marriage when we take Marriage for granted and the shared responsibility in this relationship becomes liability of one. We tend to exploit the other and make his/her life miserable. The wantonness of freedom, no restrictions and zero tolerance toward any sort of compromise aggravate the woes of a failing marriage. And that particular one day, stage reaches where NO means NO and that’s where we lawyers score but believe me , the entire legal fraternity believes in the institution of marriage and still render it as pure and sacrosanct.
But when rights come into motion, emotions hold backseat and only arguments steer the temperaments of the one who has suffered in the hand of other. Let the court decide it but not in Mutual Divorce because if you both can decide when to marry then why can’t you decide when to get divorce mutually.
Isn’t it so logical?
Why should we wash our dirty linens in public or to wait for shit to hit the fan.
If at all Divorce is going to happen, let it be Mutual. Only an educated mind has the courage to accept marriage is not working, rest all others are helping us lawyers become rich. Pun intended.
Bringing you 10 straight questions or you can say myths surrounding Mutual Divorce in India.
1 Registration of Marriage – Not compulsory. Give any marriage proof and satisfy the court. The last resort would be to state it on affidavit.
2 Is One year separation is Mandatory?– Yes. It is in the statute. No divorce can happen within one year of marriage unless he/she has Aids. Kidding unless grave exception is there.
3 Can it happen in less than a year?– No. Statute doesn’t provide it. Read Hindu Marriage Act, 1955 for this. I just said it above. I know you are in hurry but can’t help. Marriage may be a joke for you but not for Courts.
4 Presence of both Spouses is required?– Yes, unless one lives in abroad and his parents represent him. But at least for once he has to come to court. Skype, video conferencing will work only once or until you have someone like Mr Salve to convince the court. Reputation works in Court.
5 How much money should I ask?– Since it is mutual you either have the divorce or get lost. Don’t let other spouse say that. Either buy Divorce or Time. If there is no agreement then how come it is Mutual? Think again.
6 Can I remarry? -Yes. Only after the expiry of 30 days after second motion. Just to ensure nobody has filed appeal against the courts order.
7 Can 6 months be waived of?- Yes. Fulfill these conditions
- Separation of more than one and a half years (1 year plus 6 months)
- No dispute between parties.
- All Conciliation and Mediation failed. Marriage irretrievably broken, zero scope. End of the road.
- Nothing will change in 6 months between them, delay will will prolong their agony.
8 What about Custody of the Child?– Not again. Since it is mutual you both have to sit down and weed out your differences on your own. Mutual Divorce happens in just 6 months because you don’t leave these questions for courts to answer. If you want courts can decide all of this in minimum 2-3 years. For that you have to file one suit for custody, one for maintenance and even for divorce if that’s not agreed upon.
9 Is the Fee for Mutual Divorce is less than Contested?– Yes you heard it right. At one fourth of a fee for contested divorce. Why? For two hearings , lawyers won’t charge you much. The fee can be anywhere between 20-40k depending on the sittings with the advocate before filing of case but for sure, it is not going to burn hole in your pockets.
10 How many times do we have to come to Court in Mutual Divorce Proceedings?– Maximum twice if all is sorted between you and your spouse. Ensure you state genuine facts before the case and there is no suspicion on the marriage and separation of the couple.
I am adding one more myth since I am the author of the post. Please allow me this much liberty. Thanks in advance.
11 We are living together. Can we still file for Mutual Divorce? -Yes. Show it to the court that you didn’t lived as husband and wife from past at least one year and never had sex. You have to satisfy the judge that there was no union of any sort rather separation under one roof. Courts have now understood this fact that separation may have economic implications on the spouse asserting Mutual Divorce.
Hope these ten plus one, total eleven myths on Mutual Divorce gives you some what ground realities about Procedure of Mutual Divorce in Chandigarh, Panchkula, Mohali and Zirakpur.
If still you have any questions then for what purpose I am here for. Dial 9988817966 and just say LegalSeva or drop a line at [email protected].
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