Eligibility for Filing a Mutual Divorce
Eligibility for filing a Mutual Divorce case
In India, under the Hindu Marriage Act, 1955, mutual divorce is governed by Section 13B. Which allows a couple to file for divorce by mutual consent under certain conditions. The eligibility criteria include:
Marriage Duration: The couple must have been married for at least one year. They have been living separately for at least one year or more before applying for mutual divorce.
Mutual Consent: Both parties must agree to the divorce and state that they cannot live together and have mutually decided to dissolve the marriage. They decide all requirements and live separately.
Separation Period: The couple must have been living separately for at least one year or more. This separation does not necessarily mean living in different locations, but the couple must not have lived as husband and wife.
No Coercion or Free Consent: The consent for divorce must be free from any form of coercion, fraud, or undue influence. Both are known properly about issues after living separately.
Cooling-Off Period: After filing the first motion, the court grants a 6-month cooling-off period before the second motion. However, this period can be waived in certain circumstances if both parties are sure about their decision. However, 6 month cooling off period is required for the second motion.
Agreement on Child Custody, Alimony, and Property: Both parties should have a mutual understanding regarding child custody (if applicable), alimony or maintenance, and division of property.
After fulfilling these conditions, the couple can file a petition for divorce in a family court or district court.
Eligibility for filing a Mutual Divorce case
Common questions and answers
1- How to file for mutual divorce in India?
Filing for mutual divorce in India involves several steps, and it’s important to follow legal procedures to smooth the process.
Consultation with a Lawyer: Prepare Joint Petition: Gather Required Documents: File the Petition: First Motion Hearing: Cooling-off Period: Second Motion Hearing: Decree of Divorce: Execution of Divorce Decree:
2- What documents are required for mutual divorce?
Wedding Card. Marriage Photograph. Passport size Photographs. Financial Affidavits. Property Settlement Agreement. Parenting plan (if applicable). Proof of residence and other relevant documents.
3- How long does mutual divorce take in India?
In India, mutual divorce proceedings can vary depending on various factors, including court workload, completeness of documentation, and mutual agreement. However, mutual divorce in India can take around 6 months to 18 months or more to be finalized.
4- What is the procedure for filing for mutual divorce in India?
The procedure for filing a mutual divorce is very simple. If both parties agree to a mutual divorce they need to talk to a lawyer in family matters. They will guide you properly.
5- What are the advantages of a mutual consent divorce?
Time Efficiency: Reduced Emotional Stress: Efficiency: Resolution: Saves Resources: Potential for Reconciliation: Cost-Effective: Privacy and Confidentiality:
6- What are the grounds for divorce in India?
In India, divorce can be granted under various grounds as specified by different personal laws applicable to different religions. Here are the commonly recognized grounds for divorce across different laws: Adultery: Cruelty: Desertion: Conversion: Mental Disorder:
