Divorce in India with Mutual Consent

Latest Supreme Court Judgement on Divorce By Mutual Consent

Date : 21 Nov, 2023

Post By admin

In India, if a problem persists in a relationship, a couple must go through the process of a divorce. A divorce in India with mutual consent is when both of them decide to get separated together. This process is less worrisome and will happen quicker.

It is known as a ‘contested divorce’. If the couple is unable to reach a decision, they might have to go through a brief period of time before the court takes a decision. Mistreatment, infidelity, abandonment, conversion, communicable diseases, mental illnesses, impending death, or one spouse's desire to give up on worldly affairs are all possible reasons for such a divorce. However, the costs associated with this type of divorce are usually higher.

Latest Supreme Court Judgement on Divorce By Mutual Consent

The Supreme Court has determined that it can offer couples enduring difficult marriages a speedy divorce by mutual consent by using its unique authority under Article 142 of the Constitution. As a result, they won't have to wait six to eighteen months for the divorce to be finalised by a local court. The Court further declared that it may utilise this authority to put a stop to other court cases involving couples, enabling them to begin again, such as those involving dowries or domestic abuse.

The ruling highlights how present divorce laws frequently place an emphasis on placing blame, which exacerbates the problems in dissolved marriages. The Court feels that it is in the public interest to acknowledge the fact that a marriage is irreparably damaged. The principle was expanded by the Court to permit divorce.

ESSENTIAL ASPECTS TO CONSIDER DURING DIVORCE

Child Custody - Deciding who will have custody of the child post-divorce.

Alimony/Maintenance - If one partner can't cover daily expenses, the other may need to provide financial support. This is based on mutual agreement between the husband and wife.

Property and Asset Settlement - Resolving ownership rights for shared property and assets between the spouses.

WHEN TO SEEK MUTUALLY AGREED DIVORCE

For a divorce with mutual consent, both partners must willingly agree to separate. Additional considerations before filing include:

Living separately for at least one year.
Mutual agreement for divorce.
Inability to continue living together.
At least one year from the date of marriage.

LEGAL PROVISIONS FOR MUTUAL CONSENT DIVORCE

Different marriage acts have specific provisions for divorce. These include:

If its 1 year of marriage, then Section 13B of the Hindu Marriage Act, 1955
Special Marriage Act under Section 28, 1954.
Section 10A of the Divorce Act, 1869 (Minimum separation period = 2 years).
Section 32B for Parsi Marriage Act, 1936.
Relevant sections under Christian and Muslim Marriage Acts.

REQUIRED DOCUMENTS FOR MUTUAL CONSENT DIVORCE

When filing a divorce petition, common documents are needed. Expert lawyers can assist in preparing the required documents, including:

Marriage Certificate.
Address Proof for both husband and wife.
Four Marriage Photographs.
Income Tax Statements for the last 3 years.
Profession and income details (salary slips, appointment letter).
Details of owned property and assets.
Family information for both spouses.
Evidence of living separately for a year.
Evidence of unsuccessful attempts at reconciliation.

Understanding The Emotional Journey

Divorce is a tough process for the ones who are going through the legal process. It's crucial for both parties to understand this challenging journey successfully. Remember these things properly:

To assist manage the emotional difficulties of divorce and offer crucial emotional support, seek advice from licenced therapists or counsellors.

Continue having honest and open conversation. It is possible to lessen emotional strain and facilitate an easier transition by being courteous and open.
Create a network of friends and family to lean on. Divorce frequently causes emotional instability, which is simpler to manage when one has a support system of loved ones.

Starting Anew After Divorce

Find Yourself Again:

Take a moment to remember who you are. Think about what you love and what you want to achieve.

Be a Good Co-Parent if You Have Kids:

If you have children, work together with your ex to take care of them. Make sure you communicate well and create a good environment for your kids, even though things have changed.

Try New Things and Follow Your Dreams:

Explore new hobbies or interests you didn't have time for before. Chase after the dreams you might have put on hold. It's a chance to grow and find happiness in different ways.

Make Your Own Happy Life:

Take charge of your own happiness. Figure out what makes you happy and go after it. Set goals for yourself, build strong relationships, and focus on staying positive.

Conclusion

There's hope for a fresh start after the storm of divorce. It's all about rediscovering who you are and what drives you. Use this time for introspection and personal development. Finding successful co-parenting techniques is essential if there are children involved; after all, looking out for the children's welfare becomes a joint endeavour. Then there are the thrilling opportunities that accompany fresh starts. It all comes down to creating a happy life once the afterglow of divorce has subsided, whether that means taking up a new pastime, going back to school, or looking at professional improvements. Now is the moment to seize the chances that come with a new beginning.