Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-
> Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
> On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
> Divorce Petition will be drafted which will include terms of settlement agreed between parties.
> Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
> Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
> After recording of statements, First Motion will be passed.
> Court gives six months time to parties to reconsider their decision. This is called cooling period generally.
> Aforesaid steps shall be repeated. Statement of parties will be recorded again.
> After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.
DIVORCE BY MUTUAL CONSENT BY POWER OF ATTORNEY:
Some states allow statement of one party to be recorded through power of attorney.
Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money.
Six months Waiver in Mutual Consent Divorce:-
Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory. But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, Supreme Court still has power to waive of the period of six months. Thus, Supreme Court is the only Court which has the power to dissolve the marriage in less than six months.
Maintainance is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
Permanent Maintenance: It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.