Marriage is a union of two persons which is considered sacred in society but beyond that, legally, marriage is a contractual relationship under the Indian law. It is, thus, evident that this legally recognized union can only be terminated by law. Since the matter becomes a legal one, a marriage can only be dissolved on certain grounds recognized by the courts. Mutual consent divorce, though, remains to be the only way of dissolving a marriage outside those set grounds. It is a novel concept that widens the scope for seeking to dissolve the social and legal institution of marriage and the duties brought forth by it.
What the law says:
Before seeking dissolution of marriage by filing a petition for mutual consent divorce there are a few factors that need to be kept in mind.
- Both the parties to the marriage i.e. the husband and the wife need to be living separately.
- This period needs to be of one year or more.
- Or the parties may have not been able to live together.
- There should be a mutual agreement between both the parties that they want the marriage to be dissolved.
All these conditions have to be first fulfilled by the parties if they seek divorce under mutual consent. The entire idea of divorce on mutual consent depends on agreement. Unless and until there is the consent of both the parties and they are on the same page in relation to the dissolution, divorce is unaccepted by courts.
The mutual consent divorce petition is filed once these conditions are satisfied. This petition consists of statements and reasons from the parties for seeking the divorce. Subsequently, another petition, confirming the intention to get divorced, is filed after a period of six months. This period is considered necessary and is granted keeping in mind the chances of reconciliation between the couple. But since the idea of divorce by mutual consent is an unconventional one each divorce is dealt with by a case on case basis and the six month period can be waived off in certain instances and in light of certain facts.
The period between agreeing to seek divorce and the decision of the court to end the legal union can be a difficult and distressing period for both the husband and wife and their families involved. There are various formalities that the husband and wife ought to complete before and after a divorce by mutual consent. Additionally, there can be various reasons to pursue a swift severance from legal obligations. But since the concept of divorce by mutual consent is loosely defined and there are technical conditions that need to be fulfilled it is best to seek the help of a skilled professional in such cases for effective dealing.
Having dealt with an array of clients and proceedings I hold a vast understanding of these problems and the stigma that it is accompanied with. I am a specialist in matters related to divorce and have a good experience in the practise of dealing with matters related to divorce by mutual consent, the procedures and proceedings related to them and the legal knowledge of the family laws in India.