Home Forums Divorce What is a mutual consent divorce ?

2 replies, 3 voices Last updated by KISHAN RETIRED JUDGE 4 months, 2 weeks ago
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    shamita pandey

    What is a mutual consent divorce ?


    Adv. Priya Lohakare

    Collaborative divorce is a form of alternative dispute resolution, which is in some ways similar to mediation. Each party hires a lawyer. The role of a collaborative lawyer is to attempt to reach a marital settlement agreement. There may be a third lawyer who acts as a facilitator (similar to a mediator). Any lawyer who serves as a collaborative lawyer for a party is prohibited from representing that party in court if an agreement is not reached. A few states have passed a collaborative law statute, and a few states are allowing the collaborative procedure informally. This process may save money if an agreement is reached. If an agreement is not reached, it may increase the cost of a divorce (as will mediation or arbitration).



    Dear Sir/Madam,
    What is the procedure for obtaining divorce by mutual consent?
    1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last.
    2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court.
    3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation.
    4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them.
    5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent.
    6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties.
    7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved.
    8. The marriage will stand dissolved from the date of such decree passed by the Court.
    Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc.

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