Are you looking to know How to Apply for Divorce in Bangalore? That’s something serious. Read this article to find out how to do it.
Mutual agreement divorce is the only and simplest approach to end a relationship without causing discomfort. Divorce is extremely difficult, especially when two people enter into a relationship out of love and with their free agreement, and when the relationship becomes poisonous, the pair always has the option to leave. A divorce by mutual consent is filed peacefully by both the husband and wife, with neither filing an objection form. It is a petition filed by both parties.
It will undoubtedly be mentally and physically taxing for both sides, but it will be far less difficult than the lengthy lawsuit that would ensue if one of the parties does not consent. However, in order to submit such a petition, the couple must have been separated for at least a year. As a result, it’s a bit of a difficult process, as filing a divorce petition cannot be done on the spur of the moment.
Let’s see how to apply for divorce in Bangalore
What is Divorce by Mutual Consent?
Under the Hindu Marriage Act of 1955, both the husband and wife have the right to have their marriage dissolved by a divorce decree on more than one of the grounds specified in Section 13. Section 28 of the Special Marriage Act of 1954 and Section 10A of the Divorce Act of 1869 both provide for mutual agreement divorce.
Section 13B of the Hindu Marriage Act requires the following conditions:
- Husband and wife have been living apart for at least a year.
- That they are unable to coexist.
- And that both husband and wife have mutually accepted that the marriage seems to be over.
As a result, the marriage should be annulled. A Divorce by Mutual Consent may be sought in these circumstances. According to the Indian legal system, a divorce procedure begins with the filing of a divorce petition.
The divorce procedure in India begins with the filing of a divorce petition by the parties involved in the divorce process, followed by the service of notice on the opposing party. A petition for a ‘mutual divorce’ can be filed under the Hindu Marriage Act of 1955 if you and your spouse are having difficulties and have chosen to part ways lawfully. You can even petition for divorce if the other person refuses to divorce; this is known as a “Contested Divorce.”
What’s the mutual divorce procedure in Bangalore?
Petition submission: Your divorce will be filed in one of the following places by your lawyers:
- Where the husband and wife lived most recently.
- The location of the husband and wife’s wedding.
- The location of the wife’s present residence.
Grant of first motion:
After the statements are recorded, the court issues an order on the first motion. After filing the petition, the two parties must record their remarks in front of the judge. As previously indicated, it is presumed that the two parties seek to divorce of their own free will, i.e. with mutual consent. As a result, both parties must express their unequivocal agreement to the divorce. The parties will be expected to explain why they are divorcing and the parameters under which they have decided to split (visitation rights, custody, etc.). If the parties are unable to appear in court in person, they may issue power of attorney to someone else (ideally a family member) to speak on their behalf. The first motion is granted by the court once it has been heard.
Cooling off period:
The couple is supposed to try to reconcile in the six to eighteen months before filing the second motion. Following that, only the divorce will be completed and approved by the court. As a result, the couple will have to wait at least six months before filing the second request in court. If either the husband or the wife claims to the court that the other party was unhelpful in reconciling, the court may refuse to grant a divorce by mutual agreement.
The couple can submit the second motion at the end of six months and up to eighteen months. Once the parties have opted to proceed with the procedures and present for the second motion, the final hearings can begin. This involves parties appearing in front of the family court and having their statements recorded.
The Supreme Court has ruled that the six-month time granted to the parties might be waived at the court’s discretion. As a result, if the parties have truly addressed their disagreements, including custody of the kid or any other remaining concerns between the parties, these six months can be waived. So if the court believes that the waiting time will just prolong their suffering, the six-month requirement might be waived in this situation as well.
In a mutual divorce, both spouses must have granted permission, and there must be no disagreements over alimony, child custody, maintenance, property, and so on. As a result, for the final decision on the dissolution of the marriage, the spouses must be completely in accord. If the court is convinced after hearing from both parties that the charges made are accurate and that there is no likelihood of reconciliation or civil partnership. The court will then proceed to issue a divorce judgment, proclaiming the marriage to be null and void. Once the court has rendered its decision, the divorce becomes final.
Getting divorce is really simple, if you have the right advocate to handle your case. Find out the best lawyer in bangalore for divorce here.