The strongest link that keeps a couple engaged and devoted to one another in a marriage is believed to be a marriage. It is often preferable for the spouses to split when a marriage doesn't seem to be working out owing to a number of terrible circumstances. The law in India offers two divorce options: "Mutual consent" and "Contested" divorce.
Mutual Consent Divorce: In this sort of divorce, both couples agree to call it quits on their union without having to argue their positions or try to win favour with the judge. As the husband and wife jointly decide on all the conditions of the divorce and related procedures, including as child custody, alimony/maintenance, and division of movable and immovable property, this type of divorce is also referred to as an uncontested divorce. In the case of Badri v/s Harbai, The comfort of marriage has become an illusion in the present case where the parties have lived apart since 1996 for around 17 years and it only exists on paper—as a legal bond.
Reconciliation is not an option, and trying to make a marriage work when the court is ordering it is very tough. Thus, mutual consent divorce can be granted in this case.
Contested Divorce: In this type of divorce, one party wants to initiate the divorce proceedings, but the other party opposes the divorce. The term itself makes it quite apparent that one side must file a divorce petition in court against the other party.
Divorce Petition: When divorcing by mutual consent, both parties file a single divorce petition; when divorcing in a contentious divorce, only one spouse files a divorce petition.
Grounds for Divorce: When a couple decides to divorce by mutual consent, no further reason needs to be given other than the fact that the marriage has become unsalvageable and needs to terminate in order to spare the parties from further suffering. In contrast, there are a number of grounds for a Contested Divorce in India, including mental cruelty, adultery, physical cruelty, mental sickness, renunciation of the world, conversion to another religion, infectious venereal disease, the spouse's death after more than seven years, etc. Any of these causes, in addition to any other appropriate grounds, must be listed in the divorce petition if one spouse is contesting the divorce against the other. In Imrata Devi v. Deep Chand & Anr, even though the husband was denied contact with his wife for 325 days, she nonetheless became pregnant with twins. In this case, the husband opposed the divorce on the grounds of adultery by demonstrating that they hadn't even started dating before 325 days had passed and the children had not been born later. The Rajasthan High Court approved the divorce after taking into account the averments and proof.
Cooling Off Period: In the event of a Mutual Divorce in India, the couple is given a six-month cooling-off period to reevaluate their choice to dissolve their marriage and come together.
There is no such thing as a cooling-off period in contentious divorce.
Duration of the divorce process from beginning to end: The divorce decree is typically obtained in cases of mutual consent within 8 to 10 months, however in cases of contentious divorce, the entire process may take much longer Free Legal Advice.
Even while an uncontested divorce has advantages, it is occasionally impossible to reach a consensus with your ex-spouse on crucial issues. Remember that these agreements do not have to be reached solely by the spouses. The parties may be able to reach an agreement that finally settles their differences by working with knowledgeable divorce counsel and possibly pursuing mediation (which some courts require).
The degree to which the outcomes are appealable is another distinction between divorces that are contested and those that are not. Because both parties agree, the terms of an uncontested divorce are not subject to review. The parties are not, however, bound by the agreement indefinitely. Depending on your jurisdiction, you might be entitled to revise the agreement if the situation changes considerably or if a certain amount of time has passed.
The parties are more likely to be pleased with the proceedings' conclusion because they are the ones making the decisions.
Even while an uncontested divorce has advantages, it is occasionally impossible to reach a consensus with your ex-spouse on crucial issues. Remember that these agreements do not have to be reached solely by the spouses. The parties may be able to reach an agreement that finally settles their differences by working with knowledgeable divorce counsel and possibly pursuing mediation (which some courts require).
Lead India Law can connect you with a lawyer. The Lead India Law provides access to free legal advice by providing you with the opportunity to ask a legal question free online.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
Email: care@leadindia.law
Facebook: - https://www.facebook.com/leadindialaw
LinkedIn: - https://www.linkedin.com/company/76353439
Twitter: - https://twitter.com/leadindialaw
Pinterest:- https://in.pinterest.com/lawleadindia
Comments