Benefits of Mutual Divorce

In India there are a few laws which govern the marriage as well divorce laws, these include The Indian Christian Marriage Act, 1872, The Hindu Marriage Act, The Muslim MArriage Act, the Special Marriage Act. the following article is going to deal with the concept of mutual divorce in India as is provided under the Indian Law- 

Mutual Divorce as provided by the law- 

The Hindu Marriage Act, 1955- 

Under Section 13B, mutual Consent is explained. According to the provision, if the parties have been living separately for a year and have decided that they can’t live together and have chosen to stay separately, they can pursue a divorce.

 Personal laws and the Muslim Women (Protect on Divorce) Act, 1986- 

Muslims can apply for divorce by a common agreement under the Act of !986 and Personal Laws. In Muslim Personal Law, there are two forms of divorce-

1. Mubarat
2. Khulla 

There is no need to provide any justification for khulla or Mubarat . In case of Khulla, wife and husband decide to divorce without blaming each other. In India, kulla and Mubarat is a typical method of dissolving a marriage.  Divorce by Mubarat is similar to mutual divorce by:

1. The Special Marriage Act of 1954
2. The Hindu Marriage Act of 1955

The Indian Christian Marriage Act, 1872- 

The Indian Divorce Act,1869 applies to Christian Marriages in India. Section X of the Act provides for the dissolution of marriage. Both parties can apply for mutual divorce under Clause XA.

The Parsi Marriage and Divorce Act- 

Sction 32B defined Mutual Divorce. According to this provision both parties must bring the suit and parties must be living apart for a year and are unable to stay together and have decided to stay apart.

The Special Marriage Act, 1954- 

As per Section 28 of the Special Marriage Act, 1954, the provision provides for judicial marriage. The parties must jointly submit that they are unable to live together and hence are living separately.when the conditions are met and there are no grounds for refusing the petition, the court may award mutual divorce.

Essentials of a mutual Divorce:

• The spouses should live apart- 

The spouses should have lived apart for at least one year before submitting the petition to dissolve their marriage. Under Section 13B, “living apart” does not mean that parties must be living separately physically at different places, but are not living as a married couple and thus living independently.

• Spouses are not able to coexist- 

Often, in a marriage, partners can no longer tolerate each other and can not live together peacefully. That’s when they decide on a mutual divorce. 

Advantages of Choosing A legal Settlement in a Mutual Divorce- 

• It is advisable to reach a settlement agreement in a mutual divorce case as it is legally enforceable. 
• Hence, if one of the parties does not follow the conditions, it will be considered a breach of contract.
• It also provides a clearity on several concerns that may emerge after a relationship has ended.
• In a divorce by mutual consent you could amicably decide for the custody of the child or any other issues related to the upbringing of your children as both the parties are equally responsible for their children.
• It also ensures that the relationship does get more bitter while its ending.
• Also every problem is judged thoroughly and considered by both parties, hence saving the time of both parties as well as of the court.

If you have decided to end your relationship amicably, and are looking for legal advice or legal assistance, you may contact us at Lead India, as we offer you an experienced team of advocates who have successfully dealt with cases involving divorce cases, including mutual  divorces, child custody etc.