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What exactly is Mutual Divorce & what are the benefits and drawbacks?

What exactly is Mutual Divorce & what are the benefits and drawbacks?

History has shown that every religion in the world has viewed marriage as a heavenly connection. Legend has it that after a couple's relationship is established in paradise, they do not actually meet until afterward. It involves not just two people, but also two different families. Two individual from different families comes together to be married and begin a new family. Marriage is still a contract, and like all contracts, it can be broken.

The Indian Christian Marriage Act of 1872, the Muslim Marriage Act, the Special Marriage Act, and the Hindu Marriage Act are just a few of the laws that govern marriage in India. In Hindu Marriage Act dissolution a marriage by mutual consent can be done, which we’ll be discussing further.

When a couple files for divorce, their marriage is officially declared to be over, and they are no longer required to fulfil any marital obligations and are free to remarry. The parties can choose whether they want a decree of judicial separation or divorce, although the court may grant the decree if it is satisfied.

The conditions that should be fulfilled for a Mutual Divorce:

The valid requisites are as follows:

  1. The parties must have been living apart for at least a year. Whether the spouses have been living apart voluntarily or against their will is irrelevant. The parties only need to demonstrate that they are living separately, either in different residences or under the same roof as their marital home. If this need is met, the court will not deviate from this legislative requirement.
  2. The parties have failed to live together and there is no scope of reconciliation or adjustment is possible between them.
  3.  There is free consent from both the parties for the dissolution of such marriage.
  4. The petition may be withdrawn at any time by the parties. It appears that the petition may be withdrawn even at the request of one side within six months of the date it was presented. However, the unilateral right of a party to withdraw the petition appears to be barred when a joint resolution is taken by the parties after the passing of six months but before to the passing of eighteen months from the date of presentation of the petition for making inquiry.

What are the Stages/ Procedure in Mutual Consent Divorce cases:

Steps to be taken before the petition are filed:

Step 1: A one-year separation period prior to petition filing. This time limit can, however, be excused by the court by filing the proper applications in cases of extraordinary circumstances.

Step 2: The second step is to draught a settlement agreement between the husband and wife.

Step 3: A combined petition under Section 13 B of the Hindu Marriage Act must be filed in Step 3 together with affidavits from both the husband and the wife.

Step 4: recording the initial motion statement

Step 5: The fifth step is a six-month "cooling off" interval. (In some circumstances, applications for waiving this cooling-off period may be postponed.)

Step 6: Recording of the Second Motion statement in Step 6

Step 7: Decree of Divorce.

When can divorced persons remarry?

Section 15 of the Hindu Marriage Act expressly contains the provisions regarding remarriage.

The Muslim Women (Protection on Divorce) Act, 1986 and Personal Laws:

Muslims may seek divorce by mutual consent in accordance with The Muslim Women (Protection on Divorce) Act, 1986 and personal laws. In Muslim Personal Laws, there are two types of divorce by consent:

  • Mubarat
  • Khula

Both the Khula and the Mubarat do not require a basis for divorce, and in the case of the Mubarat, the wife does not pay anything to her husband. Therefore, on a no-fault basis, the wife (in the case of Khula) or both the husband and wife (in the case of Mubarat) elect to separate. In India, using the Khula and Mubarat is a common way to dissolve a marriage.

Benefits of taking Divorce by way of Mutual Consent:

A mutual consent divorce prevents pointless arguments and saves a lot of time and money. Mutual consent divorce is one of the greatest solutions available given the rising number of divorce applications. It is the quickest method of divorce, which helps you save time, money, and even mental anguish. In addition, the parties are free to make decisions about sensitive matters like child custody, support, and any other significant matter. As a result, it is the simplest type of divorce and unquestionably less expensive and time-consuming than a disputed divorce.

Drawbacks of Mutual Divorce:

Reaching an agreement during a contested divorce can be difficult, especially if there are children involved. An amicable divorce has the primary drawback of requiring the parties to put up the effort to discuss the terms of the divorce without a court. The partition of property and the exercise of parental authority (kids' residency, visitation rights, alimony, etc.) may be difficult for the ex-spouses to agree upon.

It might only include making each pair hire their own lawyer. The former approach permitted for cost sharing, however the new amiable divorce procedure mandates that both parties retain counsel.

Both parties must concur for a divorce by mutual consent, often known as an amicable divorce:

Anyone who feels they have not been heard will frequently boycott a decision made by a judge. A consensus-based solution will therefore have a far higher chance of being implemented correctly.

Conclusion

Divorce is the legal dissolution of a marriage, and mutual consent is the quickest and least traumatic method to end a marriage that isn't working for either spouse.

The petition for divorce, which may be completed by either of the spouses involved in the divorce procedure, serves notice of the same to the other spouse, and this begins the full process of dissolving the marriage in India

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