What is the meaning of mutual divorce?

by Hassan Elhais. Divorce by mutual consent can be best understood as the legal process by which both the husband and wife mutually agree for divorce and, therefore, would like to terminate the marriage as per agreed terms. The mutual divorce petition is thus jointly submitted by the husband and wife to the Court.

What is a mutual divorce?

Divorce is hardly mutual. … When one partner approaches the other, who is aware of the state of their marriage and asks them for a divorce, both might agree to this decision without fighting; this is known as a mutual divorce.

What is the difference between mutual divorce and divorce?

In case of mutual consent divorce, both the partners file a joint divorce petition whereas in contested divorce, a one-sided divorce petition is filed by one spouse against the other in the court.

What is the time period for mutual divorce?

Under Section 13B, when a couple files for divorce with mutual consent, they first have to establish a 12-month separation period, which is then followed by a “cooling-off” period of six months. However, the Supreme Court had in 2020 ruled that on case-to-case basis, this period can be waived.

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Can I marry after mutual divorce?

There is no provision of appeal in divorce by mutual consent, so you can marry immediately after your marriage is decreed. … You can solemnized your marriage immediately after the decree of divorce.

How does mutual divorce work in India?

What is the Mutual Divorce Process in India?

  1. Step 1: Filing a Divorce Petition. …
  2. Step 2: Court hearing and inspection. …
  3. Step 3: Record Statement on Oath. …
  4. Step 4: First Motion. …
  5. Step 5: Second Motion and Final Hearing. …
  6. Step 6: Divorce Decree.

Is divorce a mutual decision?

Usually a case about the divorce by mutual consent is considered during one court hearing. … The court’s decision consists of two parts: first, the court allows the divorce because of the unwavering mutual agreement between the spouses, and secondly, it confirms the agreement signed and confirmed by the spouses.

Can wife claim maintenance after mutual divorce?

However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.

How do I pay in mutual divorce?

There is no system of deposit the money with court in the case if mutual divorce. Make two halves of the whole money. Pay first half at the time of filing the petition or after quashing the 498A case and remaining half at the time of final hearing of divorce suit.

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How Long Does mutual divorce take in India?

It takes 6 months and two motions. In first motion the lawyer will file a petition signed by both parties in court. Court will accept it. After this a second motion is filed after 6 months and divorce is final.

How much does a divorce cost?

The average (mean) cost of a divorce is $12,900. The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly.

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. … Also it can be a reason that you are not having any relation , communication with each other for past 1 Nd half year can be a reason for divorce .

Can mutual divorce be challenged?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties consented to the divorce, they cannot challenge the decision.

Can a divorced couple remarry in India?

Yes, you can remarry the same person after divorce. It may take 15 days or one month after issuing the notice by registrar of marriage. After getting divorce decree from the competent court if you want to remarry with the same person. … quick marriage can be done in ARya Samaj Mandir.

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What is first motion in mutual divorce?

First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent to dissolution of marriage. … Second motion under the proceedings is when the husband and wife confirm to the intention of divorce after the cooling off period.