With the change in the times, society has to come to accept divorced marriages which were not so easy a few years back. However, going through a divorce could be an emotionally draining period for the parties involved. Many people who have decided to end their relationship have many queries related to divorce as well as separation. In which case it would be advised to seek the professional advice of the Best Marriage Lawyers In Jaipur or your own city, who could guide you through if you are correct to opt divorce or if you should wait for some to decide over the issue and what other legal options are available to you.
Divorce petition could be divorce by mutual divorce or a contested divorce. Contested divorce is filed when a single party has decided to seek divorce on the grounds provided by the Act such as cruelty, desertion, adultery, etc when both parties agree that they cannot continue their relationship and it would be better to end it, they can file for a mutual divorce.
The petition for divorce can be filed by any of the parties as per the provisions of the Hindu Marriage Act, 1955. The petition for divorce can be filed after a year of marriage. No petition can be filed within one year of marriage under section 14 of the Hindu Marriage Act, 1955.
Eligibility-
The prerequisites for obtaining a mutual divorce are provided below-
1. Parties must have lived in separation for at least one year. ‘Live separately’ here does not mean that they must live at separate places, but there should be no relation of husband and wife between them for at least a period of one year.
2. The parties cannot live together and do not agree for reconciliation.
3. Both the parties have given their free consent for the dissolution of marriage.
4. Parties can withdraw a petition for a divorce between the first and second motion. In case one of the parties does so, the other would have to continue as a contested divorce.
Advantages of mutual divorce-
1. It helps save time
2. Only two formal appearances in the court are required.
3. There won’t be any cross questioning, the whole process is quite hassle free
4. Won’t be very costly.
5. The relationship would not end on a bitter note.
6. The divorce process would be speedy.
The cooling-off period- is it necessary?
After the documents are processed by the court and the statements are recorded, the order for First Motion is passed. After which the law provides a period of 6 months to cool off and again decide over their decision to divorce, if the parties still wish to separate they can file for Second motion after which the court would provide the divorce decree. The cooling off could not be for a period of more than 18 months, i.e. if the parties do not file for second motion the divorce petition would get canceled.
Recently in a judgment the Apex Court has decided that the cooling off period can be avoided if the4 court feels that it will only lengthen problems, thus the cooling period may or may not be allowed by the court.
Can divorce be granted within a period of one year of marriage?
As per the different divorce laws in India, to apply for mutual divorce the parties must have lived in separation for a period of at least one year. Under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, parties can file for divorce after a period of one year of separation. You could contact an experienced Matrimonial Lawyer In Ghaziabad or in any other part of the country, for legal advice as if your case requires for you to wait for a period of one year and then file for divorce or you could immediately file for divorce in case the situation in your marriage is threatening for you.
In case, if you wish to file for divorce before a period of one year expires, then you can file for contested divorce and would have to explain your grounds to the court. In case of some extreme situations, where it is not possible for the parties to live together due reasons such as threat to life, harassment, torture, etc. The court grants divorce without trying for reconciliation. However the parties in such a case would have to prove their grounds.
Thus, in such a case, you can seek the advice of the Best Divorce Lawyers in Jaipur or any other part of the country, so that you can decide as to which option would be better in your matter.
Lead India provides a team of experienced advocates who have been successfully dealing with the cases related to divorces. Thus if you wish to seek legal advice or guidance in relation to your case, you may contact us.
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