The “Consent theory” of divorce is based upon the principle that the spouse must have a right to dissolve their marriage by mutual consent. With the advancement in socio-economic condition, the spouse became self-reliant and independent.
What is the procedure for divorce under consent theory?
Procedure for getting a decree of divorce by mutual consent
- Step 1: Jointly filing a petition. A divorce petition in the form of an affidavit is to be signed by both parties and filed before a family court in their region. …
- Step 2: First Motion. …
- Step 3: Second Motion.
What does consent divorce mean?
All divorces must be granted by a court, whether they are on consent (when both parties agree) or where they are contested. If the parties are unable to resolve the issues between them, they can turn to the courts for a determination of the terms of their divorce.
What are the theories of divorce?
There are basically three theories for divorce-fault theory, mutual consent theory & irretrievable breakdown of marriage theory. Under the Fault theory or the offences theory or the guilt theory, marriage can be dissolved only when either party to the marriage has committed a matrimonial offence.
What is mutual consent theory?
13B of Hindu Marriage Act, 1955(Hereafter the act) is based on the consent theory. It states that as mutual consent of both parties is a necessity for marriage, their mutual consent should hold a similar value in matters of ending that marriage. In India, the consent theory has a heavy discourse surrounding it.
Is 1 year separation mandatory for divorce?
Dear Madam, For filing divorce case one separation period is not mandatory but one year is mandatory if both you want to file mutual divorce petition. If you alone want to file divorce petition 1 year separation is not mandatory, you can claim permanent alimony and maintenance for you and your child.
How long does it take to get a divorce by mutual consent in India?
Though contested divorce matters can take forever to reach fruition, divorce through mutual consent can be obtained within a short span of 1 to 2 months.
Can my husband divorce me without me knowing?
Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse’s divorce petition, it will delay the process, but not prevent divorce altogether.
Can you refuse divorce?
One can even seek Divorce when the other party is not willing to give divorce. This is Contested Divorce and a petition for the same can be filed in the Court having appropriate jurisdiction. Thus, you do not need the consent of your spouse to file a Divorce Petition in the appropriate Court.
How long do you have to be separated before getting divorced?
If you are divorcing on the grounds of separation, then you and your spouse will need to have been separated for at least two years if you both agree to the divorce, and at least five years if you don’t.
What are the essential requirements for divorce by mutual consent?
For parties to seek divorce by mutual consent, they must be living separately for a period of atleast one year, and must resolve towards the end of the marriage. They must not be performing marital obligations – physical separation is not a criteria.
How many types of divorce are there in India?
There are mainly 2 types of divorce petition as per the Indian Divorce Act,1869 which the Christians can claim: The first petition is known as the no-fault petition which is sometimes equated to divorce through mutual consent.
Which is the theory of divorce under the Hindu law?
Under the Hindu Marriage Act, 1955 primarily there are three theories under which divorce is granted: (i) Guilt theory or Fault theory, (ii) Consent theory, (iii) Supervening circumstances theory.
Can mutual consent divorce be withdrawn?
Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 months given by the Court as cooling-off period.
Which of the following marriage is a void marriage?
Void Marriages (Section 11)
A marriage is considered void under the Hindu Marriage Act if it doesn’t fulfils the following conditions of Section 5 of the Hindu Marriage Act: Bigamy.