Best Mutual consent divorce lawyer of Gurgaon

Divorce by Mutual Consent

For whom Marriages are difficult, Divorce is more difficult. Couples don’t marry thinking their relationship may end up in divorce, for some divorce may leave bitter experience. If couples/ parties to marriage are unable to deal with the harsh realities of marriage relationship, the best option available to them is to approach the Family Court and seek legal separation/Divorce by way of mutual consent, which saves their time, money & energy & they may be able to avoid long drawn bitter court proceedings in addition leaves no room for unnecessary confrontation and most importantly avoid quarrels in public.

So, Divorce by Mutual Consent may be filed by way of joint petition, in situations where both the spouses have mutually and amicably agreed amongst themselves that they do not want to live as Husband & wife anymore. Divorce by Mutual Consent is best way to seek legal separation without making any allegations or counter allegation against other spouse before the court of Law. Divorce by Mutual Consent is similar to “no-fault divorce”, but being presented jointly by both Husband & wife. With the increasing number of incompatible working couples quick divorce has become need of hour is the best option.

What laws are applicable to Divorce by Mutual Consent?

For those married under Hindu Marriage act or to say by way of traditional Hindu marriage, Section 13-B of the Hindu Marriage Act, 1955 (as amended by the Amendment Act No. 68 of 1976) lays down the relevant provisions for divorce by mutual consent of husband and wife, i.e., by mutual consent of both parties to the marriage. Hindu Marriage Act is applies to individuals who are Hindu, Buddhist, Jaina or Sikh by religion.

“13-B. Divorce by mutual consent.—(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.”

For those who married under SPECIAL MARRIAGE ACT or in other words got Registered Marriage done before marriage registrar, or in simple words got Court Marriage done, a similar provision for divorce by mutual consent exists also under Section 28 of the Special Marriage Act. Usually inter Religion and at times inter caste marriages are done under Special Marriage Act, and So, Divorce by Mutual Consent may by those married under above mentioned procedure, can be filed by way of joint petition made to Family court of competent jurisdiction.

For Christian couples, or those married in a church Mutual Consent Divorce is governed by Section 10A of The Divorce Act, 1869.

Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Parsis are governed by The Parsi Marriage & Divorce Act-1936.

What are requirements for filing Mutual Consent Divorce?

There may be numerous reasons due to which a couple may decide to part ways and legally split from each other. However, in cases of mutual consent divorce, the reasons for obtaining divorce are irrelevant, however, decision for divorce has been taken jointly by both the parties with mutual understanding and agreement.

Following requirements are must before filing Mutual consent Divorce

(a) The parties to the marriage must have been living separately for a period not less than one year. They may have lived separately by mutual consent or by force of circumstances or situation, court may not to go into the details if parties to marriage have decided to take Divorce by Mutual Consent. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court has no power & jurisdiction to deny such relief and/or not to allow divorce.

(b) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.

(c) The parties to the must have given consent for divorce out of free will & without pressure.

(d) The parties to marriage are at liberty to withdraw the petition which may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition or any time before divorce is finally granted.

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