Wedding marks the beginning of a new life – but whether that beginning will result in a nightmare or a lovely journey remains unknown till the time you start walking on the path of wedding. In the recent times you will get to know more about divorce and a good percentage among them is on mutual consent basis. But why divorce by mutual Consent is so high these days is surely a question which will come to your mind. What we find are the below reasons behind these divorces:
- Commitment Failure
- Over expectations
- Mental pressure
- Mismatch of views
- Domestic Violence
- Family issues
Why Mutual Consent divorce preferred?
You know that if divorce by mutual consent is not happening then in that case it will take a long time to get divorce and it will waste a lot of money not only for the proceedings of the case , but also towards lawyers fee and for alimony. In order to avoid the unwanted complexities of divorce process Mutual Consent for divorce is considered to be the best and preferred by many.+
The laws covering divorce cases which are based on Mutual consent:
The sections of law which rules divorce with mutual consent are:
- Section 13b of HMA act 1955 – Applicable for cases when husband and wife separated for a period equal to or more than 1 year
- Section 28 of special marriage act 1954 – Applicable for cases when husband and wife looking for divorce based on mutual consent.
- Section 10A of divorce act 1869 – Applicable for cases when husband and wife separated for a period equal to or more than 2 years and want mutual divorce
Locations from where case can be filed:
If you or any of your family members or friends is planning to file a mutual consent Divorce case then there are 3 specific locations from where they can file the case. The locations are as follows:
- You can file the case from the location where the marriage got solemnized
- You can file the case from the location where both husband and wife stayed together last before heading for divorce.
- The case can also be filed from the location where wife is presently staying while making the application of mutual divorce
Steps followed for while applying for divorce with mutual consent:
- A joint petition needs to be filed in court for getting mutual divorce. Both party statements get recorded in front of the court and are signed by both.
- Court gives a period of 6 months to the couple to reconcile if possible. Statistics reveal the fact that more than 50% of these cases end up with reconciliation and marriage gets saved.
- In the odd case if couples feel after 6 months that there is no space for reconciliation and the marriage needs to be dissolved then the final hearing takes place in court.
- Once the final hearing is over, the court grants divorce on mutual ground and the marriage dissolves.