INTRODUCTION
Marriage, often hailed as a sacrosanct union, is an institution that binds two individuals in a lifelong commitment. However, the complexities of human relationships sometimes lead couples to confront the difficult decision of parting ways. Recognizing the need for a compassionate approach to such circumstances, an amendment to the Hindu Marriage Act introduced Section 13B, paving the way for divorce by mutual consent. In this blog, we delve into the intricacies of this legal provision, exploring the conditions, procedures, and the emotional journey couples undertake when choosing the path of separation.
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THREE CRUCIAL CONDITIONS MUST BE MET FOR A DIVORCE TO BE FILED UNDER MUTUAL CONSENT
Living Separately for at Least a Year: For the grounds of mutual consent to be valid, the spouses must have lived apart for a minimum of one year. During this period, there should be no physical relationship between them, emphasizing the irreversibility of their decision.
Agreement on the Irretrievable Breakdown: Both parties must unequivocally agree that they can no longer cohabit as a married couple. This mutual understanding forms the foundation for the subsequent legal proceedings.
Exhaustive Attempts at Reconciliation: Before seeking a divorce, the spouses are required to explore various avenues of reconciliation, such as mediation. Only after sincere efforts and due deliberations have failed can they proceed with the decision to end their marriage.
THE PROCEDURE OF DIVORCE BY MUTUAL CONSENT
The legal process begins with a joint petition for the dissolution of marriage, presented to the Family Court by both spouses. The petition outlines the irretrievable breakdown of the marriage and the inability to reconcile differences. Both parties, accompanied by their legal counsels, enter their appearance in the Court.
The Family Court Judge scrutinizes the petition and accompanying documents. While the court may attempt to facilitate reconciliation, if unsuccessful, the matter advances to the next stage. The court may order the joint statements of the parties to be recorded on oath, signed by both spouses and their respective counsels, marking the first motion.
Following the first motion, a six-month cooling-off period is mandated before the parties can file the second motion. This period allows for introspection and potential reconsideration. The maximum time to file the second motion is 18 months from the date of the initial petition.
Upon deciding to proceed, both parties appear for the second motion, engaging in final hearings. Joint statements are recorded before the Family Court, addressing issues like alimony, child custody, property division, and any pending litigations.
If the court is satisfied that reconciliation is implausible and all pertinent matters are settled, a decree of divorce is granted, officially dissolving the marriage.
The divorce becomes final upon the court’s issuance of the decree, marking the conclusion of a legal process that acknowledges the complexities of human relationships and provides a dignified route for couples to part ways when mutual consent dictates.
CONCLUSION
Divorce by mutual consent stands as a testament to the legal system’s acknowledgement of the complexities inherent in human relationships. While the path to separation is guided by legal procedures, it is essential to recognize the emotional journey that couples undertake when deciding to dissolve their union. By providing a structured yet compassionate approach, the legal framework seeks to ease the process for those navigating the challenging terrain of divorce by mutual consent.
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