After the Hindu Marriage Act of 1955; An application for “mutual divorce” can be made if you and your spouse have difficulties and have decided to legally separate from you. A mutual divorce is the best way to divorce, as the parties do not have a bad mouth in the courtroom and both parties can agree on all issues and end their marriage. Nevertheless, countries with higher divorce rates have higher standards for strengthening the role of women. People can exercise their right to end marriage if they are not happy. The joint application for dissolution of the marriage for a divorce decree is submitted to the family court by the spouses on the grounds that they have not been able to reconcile the differences and live together. Thus, by mutual agreement have agreed to dissolve the marriage, or they live separated for a period of one year or more. This petition must be signed by both parties. No, the legal 6-month cooling period is not mandatory, and if the court deems it appropriate, it can waive this cooling time if it is certain that the marriage is irretrievably broken. This means that if the aggrieved couple has mutually decided to dissolve their marriage, they can ask the court to expedite the proceedings and not extend the dissolution of the marriage for another six months if the situation/circumstance does not change in 6 months. But often these efforts don`t work and people are actually getting divorced. We, the lawyers of the ID Law Office, believe that our extensive experience allows us to consult with you and represent you in a way that protects your interests, because regardless of the reciprocal divorce agreement, the interests of both parties are very often diametrically opposed. Since the court decision on divorce cannot be appealed, we recommend that each party hire its own lawyer in divorce proceedings. 8.
K. Janardhanan v. N.P. Syamala Kumari found that an agreement to dissolve a marriage by derogation from the provisions of the 1955 Act committed a violation of India`s public order. However, the court does not simply agree with the couple on everything, as it is the court`s responsibility to ensure that the child does not have a troubled/problematic childhood due to the divorce of his parents. Thus, if the court is satisfied with what is best for the child, it decides custody of the child. Section 13B, introduced in 1976 in the Hindu Marriage Act to introduce divorce by mutual agreement, provides for a total of 18 months before a divorce decree can be adopted.