In a mutual divorce, both the husband and the wife agree to the divorce and the terms and conditions of the separation. This type of divorce is often speedier and less expensive than a contested divorce.
Most couples decide to file for a mutual divorce because they want to avoid protracted and expensive court disputes. As long as both couples agree on the grounds of the separation, the court will typically grant the divorce without any difficulty.
There is just one catch: in order for the mutual divorce to be finalized, every part of the separation must be authorized by both spouses. Alimony, child custody, and the division of property are all covered under this.
They must file for a disputed divorce if even one issue in their marriages cannot be resolved. Each and every couple who files for a mutual divorce must wait out the cooling-off period.
The pair is given the chance to reflect on the situation and possibly come to an understanding during this period. The cooling-off period typically lasts for six months, but there are certain exceptions.
For instance, a shorter cooling-off time might be granted if one side can show that the other is to fault for the breakdown of the marriage. It's important to keep in mind that the cooling-off period may be extended with both parties' approval. Couples that require additional time to finish their divorce agreement or those who have trouble getting along may find this useful.
Case Laws:
The Hindu Marriage Act, 1955, Section 13B(2), requires a 6-month "cool down" or awaiting period following the filing of the divorce petition before the process continues to give the couple one final chance to mend fences.
Civil cases all around the country have frequently reached contradictory results on the question of whether the 6-month cooling-off period is necessary or if courts can waive it in particular circumstances.
In the recent case of Amardeep Singh v. Harveen Kaur, the Supreme Court of India clarified the position on this issue by interpreting the law regarding the mandatory cool-off period required for couples divorcing by mutual consent as per the Section 13B(2) of the Hindu Marriage Act, 1955 mentioned above. In this case, the property and custody agreements had previously been worked out prior to filing for divorce.
They had been living separately and far from one another for eight years. The separating couples had plenty of time to consider and ponder before the court had to decide if the six-month cooling-off period was still in effect.
It seems to reason that everyone's cooling-off phase will be different since no two couples are the same. To weigh their alternatives and decide whether to proceed with a divorce, some couples may need longer time than others.
Some people might take advantage of the opportunity to cool off to see if they can cohabit after all. The conclusion is that there isn't a single, relevant answer to this question. Everything is dependent on the couple's circumstances.
Legal Provisions:
According to Section 13-B of the Hindu Marriage Act of 1955, married couples who decide to divorce one another must file a petition with the court through a divorce attorney. For a divorce to be recognized as consensual, both parties must consent to a peaceful separation. With both parties' consent, a marriage can be readily ended legally.
The Hindu Marriage Act of 1955's Section 13-B stipulates that there must be a six-month cooling-off period between the first and last motions for divorce by consent in order to consider settlement and cohabitation options (2). The length is formally referred to as the "cooling phase."
Naturally, a mutually agreed-upon divorce fee is desired. Consensual, uncontested divorce is frequently the least expensive way to dissolve a marriage. Yet, the little effort of the cooling-off phase is actually the key latitude in an amicable divorce.
There is no one-size-fits-all solution for the cooling off period in cases of mutual divorce. The cooling-off time will depend on the particulars of the divorce because every couple's situation is different.
Yet, generally speaking, the cooling-off period is intended to give couples time to consider their divorce choice and make sure it is the best course of action for both parties.
divorce lawyer in gurgaon can be appointed if the case has been filed in Gurgaon. If the case has been filed in Noida then divorce lawyer in noida can be appointed. divorce lawyer in delhi can also be appointed.
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