Family & Divorce Law

What is divorce under family law?

The Hindu Marriage Act defines divorce as a dissolution of the marriage. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law.

Divorce is permitted only for a grave reason otherwise given other alternative.

Grounds of Divorce in India:

Mutual Divorce

Divorce by Mutual Consent or Mutual Divorce is when both husband and wife mutually agree that they cannot live together anymore and that the best solution being Divorce, they would present a Mutual Divorce petition jointly before the honorable court, without putting forth any allegations against each other.

Process of Mutual Divorce

This is the formal initiation of the mutual divorce process. Both spouses jointly file a petition stating their desire to end the marriage, along with details like grounds for divorce, asset division, and child custody arrangements if applicable.

After the petition is filed, the court schedules a hearing where both spouses and their lawyers appear. The court may also order an inspection or investigation into the claims made in the petition.

Both parties are required to provide their statements either in writing or verbally, confirming their consent for the divorce and agreement on terms like property division, alimony, and child custody.

This involves the submission of the first formal request to the court for the dissolution of marriage based on mutual consent. The court may set a waiting period, typically around 6 months, to allow for reconciliation or further consideration.

After the waiting period, if both parties remain committed to the divorce, they file a second motion confirming their consent. This leads to a final hearing where the court reviews the case again to ensure everything is in order.

Assuming the court is satisfied with all aspects of the case, a divorce decree is issued. This legally terminates the marriage, outlining the terms agreed upon by both parties regarding asset division, alimony, child support, and custody.