Separation in India is absolutely not a simple strategy. The whole Divorce process that begins from adapting up to emotional highs and lows to contesting for the divorce verdict for many months is certainly an extreme issue to get past. Before applying for divorce, you ought to know about the way that divorce process in India stretches for around a year and in some exclusive instances of dispute, it may go on for years. The long troubling procedure of divorce will be less demanding for you to deal with in case you have a strong determination to get the divorce.
Because of the presence of different religious beliefs in India, the Indian Judiciary has executed laws independently for couples with various religions.
People with Inter-Religion Marriages can File a Divorce Plea Under Special Marriage Act (1956).
Contested divorce plea is presented on the basis that is cited in the Act passed independently for different religions in India.
Divorce by mutual agreement must be chosen over the contested one as the process of getting a divorce mutually is easier than the other alternative. For a mutually consented divorce process in India, both the parties may resolve all sorts of disputes related to maintenance, children custody, etc.
Divorce by Mutual Consent
Under sec. 28 of the Act, which mainly deals with the provisions relating to getting a divorce with mutual agreement with regards to a Marriage registered under this Act and/or solemnized, an appeal for mutual divorce can be filed to the District Court. Following are the key points that need to be well thought-out while applying for mutual consent divorce:
- An appeal for divorce should be filed in the District Court by both parties together.
- The petition should be on the grounds,
(a) that both the parties have been living separately for one year or longer,
(b) that they are incapable of living together and
(c) that they’ve agreed mutually that they want a divorce.
- The petition may be presented only after one year from the date of entering the certificate of marriage in the Marriage Certificate Book. Nevertheless, relaxation might be offered in exceptional cases where excessive hardship is experienced by the divorce petitioner or in cases of the awful immorality of the respondent.
- The divorce petition by mutual agreement might be filled in a District Court where either,
(a) this marriage had been solemnized,
(b) the respondent lives, or if the wife petitioned for divorce, where she’s staying,
(c) both the parties last lived together, or
(d) the petitioner lives, if the respondent is living outside the region to which the Act is applicable.
- Between 6 months after, and within 18 months of, the day of petition presentation seeking divorce by mutual consent, both parties must make a motion together seeking a grant of a decree of divorce.
- Before passing a decree of divorce, the Court considers the following, among other aspects:
(a) that the divorce appeal has not been revoked so far,
(b) that the marriage was solemnized under the Special Marriage Act,
(c) that all the averments mentioned in the plea are correct,
(d) that agreement for divorce hasn’t been attained by fraud force or any other unjustified manipulation
(e) that there hasn’t been any improper or unnecessary interruption in starting the court proceedings.
Thus, we can say that the provisions and the procedure for obtaining a divorce by mutual consent under the Special Marriage Act are fairly simple and straightforward. Seeking advice from a legal advisor is highly important to simplify your case.
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