Part-1
What is divorce: To legally end/dissolution of marriage between a husband & wife.
Two types of Divorce: Contested & Uncontested
Under uncontested the most popular is Mutual Divorce
Mutual Divorce: When both husband & wife mutually decide to end their marriage life.
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Part-2
Process Divorce:of Mutual
- Husband and wife should be staying separately for the period of minimum one year.
- Both husband & wife should file a joint application for dissolution of marriage.
- There will be 2 motions (i.e. First Motion & Second Motion)
- First Motion: wherein both husband & wife appears in front of the court and submit their application for dissolution of marriage.
- Once the court allows the first motion than both husband & wife has to wait for a period of 6 months to file second motion.
- The waiting period of 6 months is called “Cooling off period”.
- After 6 months cooling off period both husband & wife can file for second motion.
- Once the second motion is allowed by the court, “Decree of Divorce” is granted/awarded.
Part-3
Documents for Filing Mutual Divorce:
- Aadhar card of both husband & wife
- Passport size photographs of both husband & wife.
- Marriage Card
- Marriage certificate of registration
- Marriage photograph
Part-4
Contested Divorce: It is a kind of divorce wherein either of the partner has finally made up his/ her mind to proceed with the divorce and does not want to continue his/her married life. In other words it’s not with a mutual consent.
Grounds of Contested Divorce:
- Cruelty.
- Adultery.
- Desertion.
- Conversion.
- Mental Disorder.
- Communicable Venereal Diseases.
Part-5
Cooling Off Period Waiver:
In the year 2017 Supreme Court in the matter of Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 has stated that cooling off period of 6 months can be waived off by moving an application but it will be purely on the discretion of the judge whether to allow or not , hence it is not mandatory but directory.
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