The provision(Section 13 B) relating divorce by mutual consent has been added in Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. It provides for divorce by mutual Consent of both the parties to the marriage. This provision has been given a retrospective effect so as to make it applicable to marriages whether solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976.
The requirements for seeking divorce by mutual consent are given below:-
1. Petition for divorce has to be presented to the district court by both the parties to a marriages supported by affidavits of both the parties;
2. The parties should have been living separately for a period of one year or more;
3. The parties could not adjust with each other and had not been able to live together;
4. There should be mutual request by both the parties to a marriage to dissolve the marriage.
1. Petition for divorce has to be presented to the district court by both the parties to a marriages supported by affidavits of both the parties;
2. The parties should have been living separately for a period of one year or more;
3. The parties could not adjust with each other and had not been able to live together;
4. There should be mutual request by both the parties to a marriage to dissolve the marriage.
After the petition is presented , the parties have to wait for a minimum period of six months after which they have to move the court once again under sub-section (2) of this Section. If the parties do not move the court in the matter after six months and before eighteen months from the date of presenting the petition, the petition for mutual divorce would lapse. Either party can withdraw the petition during this period.
The Mumbai High Court has upheld the compulsory pre-condition of a yearlong separation between a husband and his wife before they could jointly file for divorce
The judgment of a bench of Chief Justice Swatanter Kumar and Justice J P Devadhar came on a first-ever challenge to the constitutional validity of the provision under Section 13B of the Hindu Marriage Act. The section imposes a year’s mandatory separation before a couple, who have registered their wedding under the Hindu Marriage Act, can seek a divorce by mutual consent on grounds of an irretrievable breakdown of marriage.
A young couple in their mid-20s had decided to call it quits after being married for four months and filed for divorce at the end of six months. The family court rejected their petition saying they hadn’t lived separately for a year as required under the law. They found this imposition ‘‘arbitrary’’ and in violation of their right to move on immediately.
The high court said married couples should not decide to split ‘‘in a hurried manner by impulsive decisions’’. ‘‘Objectivity and rationality should be the foundation of such vital decisions. Most differences can be amicably resolved,’’ the court said.
The Times of India 1st April 2008 Delhi P. 14
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
The Times of India 1st April 2008 Delhi P. 14
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
1 comment:
We did filed the same petition 13 with mutual consent to get divorce 10 years ago.After that due to depression and ignorance'we both never went to court.
I want to know -what is the status of our petition?And what is our marriage status?
I know it is long past but u can clear the clouds.thank.
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