obtain divorce then it is called divorce by mutual consent. This is the most convenient and less time-consuming way of getting a divorce.
Divorce by mutual consent is taken under Hindu Marriage Act, 1955, The Special Marriage Act, 1954, and Indian Divorce Act, 1869. Section 13B of the Hindu Marriage Act, Section 28 of the Special Marriage Act, and Section 10A of The Indian Divorce Act specifies the provisions of divorce by mutual consent. Following are the provisions: online divorce forms Utah
Petition for dissolution of marriage is to be presented before the District Court by both parties on the grounds that:
they have been living separately for a period of one year or more;
they have not been able to live together;
they have mutually agreed that marriage should be dissolved.
If parties are given 6 to 18 months which is known as the cooling-off phase and if they do not withdraw the petition before 18 months then the court on being satisfied will pass a decree of divorce. In Davinder Singh Narula v. Meenakshi Nangia,[i] Supreme Court held that if circumstances so warrant the cooling period of 6 months can be waived off.
Before passing the decree, the court will inquire about the authenticity of the petition filed by the parties to divorce.
Contested Divorce
There are some rights and duties in matrimonial ties. All the Acts have certain grounds on which the divorce can be filed. The husband or wife can file a petition for divorce under The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, Indian Divorce Act, 1869, and The Dissolution of Muslim Marriages Act, 1939.
The Hindu Marriage Act, 1955:
Section 13 lays down grounds on which a divorce petition can be filed by a husband or wife. Following are the grounds-
Adultery- The first ground is adultery. If a husband or wife had sexual intercourse with a person other than his or her spouse then, the divorce petition can be filed.
Cruelty- If the party to marriage performs any act of cruelty, then his/her spouse can file for divorce. Here, the term ‘cruelty’ includes both mental and physical cruelty.
Desertion- It means to move out of a matrimonial home and desert the spouse. If a husband or wife deserts his/her spouse for two or more years, then it becomes a ground for divorce.
Conversion- If any Hindu husband or wife converts to another religion then a divorce petition can be filed against him/her.