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Divorce by Mutual Consent

Divorce Lawyers In Delhi

The legal process of a divorce depends upon the sort of divorce. If a divorce is contested, it could take quite a year for the wedding to be dissolved. But, once we are here, you don’t need to worry in the least .We have team of Best Divorce Lawyers in Delhi If it’s a divorce through Mutual consent, the method are going to be relatively quicker and easier. Divorce could take longer , when there’s Child legal action also. But Our Lawyers provide their absolute best ability to end the case process as soon as possible.



Divorce by Mutual Consent: When both the parties i.e., the husband and wife mutually comply with obtain a divorce, the courts will grant a decree for divorce with mutual consent. The couple should prove that they need been separated for over a year which they need been unable to measure together. the most characteristic of a divorce through mutual consent is that matters like children’s custody, maintenance and property rights might be agreed to mutually. If the courts believe that there’s an opportunity of reconciliation amongst the parties then it’ll order a duration of 6 to 18 months between the date the divorce petition is filed and therefore the divorce decree is pronounced. it’s important to notice that living separately doesn’t necessarily mean living in several locations; the couple only must prove that they need not been living as husband and wife during this point period. Section 13B of Hindu Marriage Act,1995 Talks about mutual divorce. Divorce through mutual consent is comparatively inexpensive and quicker than a contested divorce

Withdraw of Consent: Consent given for divorce by ‘mutual consent’ are often withdrawn by either the wife or the husband even after the expiry of the stipulated 18-month period and in such cases, a decree for divorce won’t be granted.

Contested Divorce: just in case of a contested divorce, there are specific grounds listed under Section 13 of the Hindu Marriage Act, 1955 on which the petition are often filed. The husband and wife are during a conflict when choosing a contested divorce. More often than not, matters like child custody, maintenance etc are faraway from resolution. There are 11 grounds for divorce available to both the husband and wife under the law, out of which 5 exclusive grounds are available to the wife against her husband. These grounds are-

Cruelty- Cruelty could also be physical or mental. consistent with the Hindu Divorce Laws in India, if one spouse features a reasonable apprehension within the mind that the opposite spouse’s conduct is probably going to be injurious or harmful, then there’s sufficient ground for obtaining divorce thanks to cruelty by the spouse.

Adultery- In India, a person that commits adultery (i.e. has consensual sexual activity outside of marriage) are often charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the opposite hand, a wife commits adultery, she can’t be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.

Desertion- One spouse deserting the opposite without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the opposite should shall desert and there should be proof of it. As per Hindu laws, the desertion should have lasted a minimum of two continuous years. Christians, however, won’t be ready to file a divorce petition solely for this reason

Conversion- Divorce are often sought by a either spouse if the opposite spouse converts to a different religion. This reason doesn’t require any time to possess passed before divorce are often filed.

Mental Disorder- If the spouse is incapable of performing the traditional duties required during a marriage on account of mental disease , divorce are often sought. If the mental disease is to such an extent that the traditional duties of married life can’t be performed.

Renunciation of the World- If the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce

Presumption of Death- If the spouse has not been heard of as life for a period of a minimum of seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Documents Require To File Divorce in India

• Address Proof of Petitioner
• Marriage Certificate / Invitation Card / Photographs
• Affidavit (Income & Expenditure )
• Passport Size Photograph of Petitioner Further Divorce Proceedings are going to be handled by our Lawyers after Duly Signing VAKALTNAMA

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Frequently Asked Questions

What are the numerous benefits of a mutual consent divorce?
  1. A mutual consent divorce removes unnecessary disputes thereby saving plenty of time as well as money for both the spouses.
  1. In addition, decisions pertaining to child custody, maintenance as well as property rights can easily be agreed upon mutually even before the marriage is dissolved.
  1. In a mutual consent divorce, the court simply confirms and legalizes whatever is mutually agreed upon by the couple.
Where can a couple file for a mutual consent divorce?

The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Are divorce laws different for different religions in India?

Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,

  • Divorce laws for Hindus including Sikhs, Jains and Buddhists are provided under the Hindu Marriage Act, 1955.
  • Divorce laws for Christians are governed under the Indian Divorce Act, 1869.
  • Divorce laws for Muslims are governed under their personal laws of Divorce and Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Divorce laws for all the inter-religion marriages are governed under a secular law i.e. the Special Marriage Act, 1954.

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