Divorce is a golden key to legal cage of marriage as stated by J. Duncan M. Derrett in The Death of a Marriage Law. Fault or other ground based matrimonial litigation is time consuming as well as expensive. Further it ruins the relationship in the ongoing litigation. By introducing divorce by mutual consent the partners are willing to end the relationship where they see only misery and no happiness. The provisions have given enough safeguards to check the hasty and impulsive decisions like separation period before filing petition and a period before passing a decree. Only in Parsi Law there is no interregnum between filing of the petition and the decree. The court before allowing the petition makes necessary enquiries to ensure that the consent by parties is not given through force, fraud or undue influence and also that the couple cannot live together as husband and wife.
The time period can be waived by the court depending upon the facts and circumstances of the case. There are numerous cases where the court has waived off the period seeing the futile nature of the relationship. Through all the amendments, the ground of divorce by mutual consent is available under all the personal law statutes. For filing a petition for divorce by mutual consent the pre-condition of marriage registration certificate is not required. It was held in one of cases that the court has no jurisdiction to insist on a marriage certificate. In cases of divorce by mutual consent the court has to be concerned with only the voluntariness and free consent of the parties and not in any other extraneous considerations. The court has also allowed conversion of divorce or annulment or restitution petitions to divorce by mutual consent to cut the agony the parties are going through. The bar of delay is not applicable in cases of matrimony as there are several factors which can delay the proceedings and one example of this can be the interest of the children.
Therefore, it is suggested that the most amicable manner in cases of divorce is divorce by mutual consent. For Divorce by Mutual Consent at Mothrowala, Dehradun. with the assistance of Lawtendo one can take help from the most experienced lawyers. It is a matrimonial relationship which goes through a lot of hardship in terms of child custody, alimony or maintenance. Therefore it requires utmost attention from the best lawyers. The experienced advocate would consider the sensitivity of time and also the hardship the couple must be going through. Lawtendo will help the couple who are seeking divorce through mutual consent in finding their kind of lawyers who are well experienced in their field of law. It keeps a database of such lawyers who can provide productive information.
Get a Legal consultation for Mutual Consent Divorce from expert lawyers in Mothrowala, Dehradun on Lawtendo.com