Mutual Consent Divorce | Waiver Applications in case of longer separation
Mutual Consent Divorce is the easiest and the fastest mode of dissolution of Marriage. Marriages which are governed by the Hindu Marriage Act or Special Marriage Act and the Indian Divorce Act all have provisions for Mutual Consent Divorce.
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S.13 B Under Hindu Marriage Act 1955
- One year separation prior to filing the divorce petition
- Proof of Marriage in the form of Photographs, marriage Certificates and Wedding Cards.
- Details of children if any
- Terms agreed upon between the parties
It basically works on the principle that when both parties have agreed to a settlement to dissolve their marriage and have agreed to each others terms and conditions nothing else is required.
The Mutual Consent Divorce Petition will contain the date of marriage, date of separation and any terms and conditions have might have been agreed upon between the parties.
There are times when both parties are working and have no children , in such cases parties resolve to dissolve their marriage without any such terms and conditions when no payment is agreed upon. In such cases the main condition that remains is none of the parties will have any right or claim against each other after dissolution of marriage .
Once a joint petition signed by both parties are filed , Both parties are required to be present in court for the first motion wherein statement of both parties are taken.
Thereafter both parties are given 6 months time for reconciliation after which a second motion petition can be filed . In Delhi a second motion petition is filed, however in Gurgaon, Faridabad , Greater Noida and Ghaziabad a second motion is not required to be filed , a next date after 6 months is given. In the second motion again statement of parties will be recorded. This is the last time one has to visit the court for hearing. Thereafter if the court allows within 7 days divorce decree is passed.
Now the 6 months cooling period can be waived with an application if the date of separation is more than 18 months. In such cases second motion petition can be presented for hearing within a month and so both motions can be over within a month or so. This is subject to the Court allowing the waiver application of 6 months.
In case of S.28 of the Special Marriage Act 1954 | the process is similar
S. 10A of the Indian Divorce Act 1869| 2 years separation prior to filing
However in case of Christians who are governed under he S. 10A of the Indian Divorce Act 1869, the only requirement which is different from other Acts is the date of separation should be more than 2 years prior to filing Mutual Consent Divorce.petition. For more information kindly visit https://taps9.com
