Divorce is a procedure for ending a marriage legally. The term ‘divorce’ means canceling or reforming the official accountability and commitments of marriage. With the changing times, the concept of divorce is becoming a non-taboo subject in India. Couples decide to get divorced for various reasons such as infidelity of the partner, domestic violence, financial problems or even mental health issues.
The divorce in India is governed under different laws for people belonging to different religions-
The Hindu marriage Act, 1955 provides for the divorce between Hindus, Buddhists, Sikhs and Jains.
The Muslim Marriage Act, 1939 administers the marriages between Muslims.
The Parsi Marriage and Divorce Act, 1936 provides for Parsi divorces.
The Indian Divorce Act, 1869 accounts for the Christians
The Special Marriage Act, 1956 administers the marriage laws in between two persons irrespective of their religion, caste, etc.
To file a mutual divorce in India
Petition to be filed- A joint petition is required to be filed by both parties in the court of law. It is advised to contact Divorce Lawyers in Gurgaon who could explain to you the entire legal procedure for divorce as well as assist you in the case.
First round of hearing- after the above mentioned step is completed, the couple is asked to appear before a judge in the court for the first round of hearing, and here they will be asked about their decision to get divorced.
Statements and oaths- after going through the petition and considering the factors for the breakdown of marriage, the statements of the couple are recorded by the court under oath. After the first hearing, the court gives a time period of 6 months for the parties to mull over their decision to divorce under peaceful circumstances.
Final hearing- after the period of 6 months is passed, if the parties still wish to end their marriage, they are to file for second and final hearing. After the court goes through all the matters of alimony, custody of the child, maintenance, etc. the final verdict of the divorce is given to the couple to discontinue their marital bond.
Important points to be considered while filing for divorce by mutual consent-
There is no fixed amount to ask for the alimony or maintenance support costs by either of the couple.
Deciding over the custody of the child. This decision should be taken by mutual consent of the parties, so as not to cause harm to the child in any way.
The properties of the parties should be discussed and distributed after mutually deciding.
Documents Required-
Address proof of the parties.
A certificate of marriage or photo which was taken during marriage, in case the marriage is unregistered.
Present photographs of both husband and wife.
Evidence that the parties have been living separately for a particular period.
IT statements
Details of their profession
Details of the family
Property details of the husband and wife.
Conclusion
As has been mentioned above, it is not important to have your marriage registered to file for a mutual divorce, the invitation card and photos of the marriage would also suffice. However, it is advised to have your marriage registered for other legal purposes.
In case you have decided to end your marriage by filing a joint petition, it is advised to seek legal guidance from experienced Divorce Lawyers in Delhi.
Lead India offers you a team of experienced advocates who have been successfully handling cases related to divorce, maintenance, judicial separation, child custody, etc. In case you wish to ask a Legal Question, you may contact us.
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