Divorce by Mutual Consent in India

divorceThe fastest way of getting a divorce in India is divorce by mutual consent as other options may take a few years before it gets disposed off. Further, there is no guarantee of getting divorce even after waiting for a few years from the time of filing the application.

Section 13 B of the Hindu Marriage Act 1955 has a provision for divorce by mutual consent. The following conditions must be satisfied before such Petition can be filed: (a) one year has elapsed from the date of the marriage, (b) they have been living separately for a period of one year or more, (c) that they must also be unable to live together, and both have mutually agreed that the marriage has totally collapsed.

There can be many terms on which the husband and the wife would disagree upon for a mutual consent divorce. For instance, child custody and maintenance, alimony and maintenance to wife, return of dowry items, property jointly owned, litigation expenses, etc. Since the parties are required to arrive at consensus on all the issues before them, it is advisable to settle these issues long before the actual filing for divorce by mutual consent, to avoid any issues later on.

Thus, there are several advantages of divorce by mutual consent; for instance, you not just save time and money but also mental and physical harassment of attending courts on various dates. Above all, the parties are assured of getting a divorce at the end of the proceedings.

Posted in Property in India.