Various Acts Under Which Mutual Consent Divorce May be Filed
Mutual consent Divorce in case of Hindus, sikhs, jains etc are governed by the Hindu Marriage Act 1955 and in such cases Section 13B of the Hindu Marriage Act ,1955 is applicable.Those Marriage under SPA ,1954 are governed by Section 28 of Special Marriage Act 1954,Christian in India are governed by Section 10A in THE DIVORCE ACT, 1869 for matrimonial issues.In all cases 1 year separation is required prior to filing the Divorce Petition by Mutual Consent . Only in case of Christians under the Indian Divorce Act 1869 a minimum of 2 years separation is required.
Grounds
Temperamental Differences is the only ground under which a Mutual Consent Divorce Is filed.
In which court should the Petition be filed?
In the Court of the Principal Judge ,Family Court.
Time required to file the Joint Petition for divorce ?
It hardly takes a day to draft and file the Petition
Jurisdiction
There are 3 places where the Petition may be presented for filing
i)where the parties last resided together or
ii)where the wife resides at present or
iii) where the marriage was solemnized?
How many appearances in total
2 Appearances thats all
How much times does it take to dissolve the Marriage
This depends on the duration of separation . If both parties are separated for 1 year then within6 months
In case the separation is more than 18 months then the whole process can be shortened with the permission of court by filing a waiver application and at times within 2 months marriages are dissolved.
Preparation for hearing
Keep in mind the date of marriage and date of separation . Rest of the questions is discretionary and it is upto the court to ask questions to satisfy it self. However since its a mutual consent divorce its usually very smooth without much delay.
Conclusion
Mutual Consent Divorce is the best option if the parties wish to dissolve their marriage amicably and within a short period of time. For more information kindly visit here
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