DIVORCE- REASON & WITHDRAWAL OF MUTUAL PROCEEDINGS

Table of Contents

Introduction

One of the reasons for ending a marriage is divorce. Divorce can only be filed by litigation if there are reasons listed in the law. Divorce is filed in family court. Spouses open this case against each other.

This blog post will discuss divorce cases and divorce lawyers.

Reasons for Divorce

The reasons for divorce are listed as articles in civil law. In divorce law, the reasons for divorce are divided into two general reasons and special reasons.

General reasons

Shaking of the Marriage Union

Special Reasons

Abandonment
Adultery
Bad or Degrading Behavior That Intends Life,
Committing a crime and leading a dishonorable life,
Mental Illness

The general reason for divorce is divided into three groups

the deterioration of the marriage union or the inability to establish a common life, and the agreement of the spouses to divorce, that is, the divorce by agreement. In order for spouses to apply for an uncontested divorce, certain conditions must be met. In an uncontested divorce, an agreed divorce protocol is prepared on the issues that the spouses will agree on among themselves, and the judge can decide to divorce the spouses within the framework of the protocol through a lawsuit.

The party who has the right to file a divorce case can request separation if he/she wishes. The judge can decide on separation even if the parties have requested divorce. If the parties have requested a separation, the judge will not be able to decide on divorce.

While the divorce case is pending, the judge may decide to pay alimony for the accommodation and livelihood of the husband, wife, and children. This alimony is called interim alimony.

During the lawsuit, child support can be ordered by the judge children. This alimony given to children is called participation alimony

During the lawsuit, child support can be ordered by the judge children. This alimony given to children is called participation alimony.

In addition, upon the request of the judge parties, pecuniary compensation, non-pecuniary damage, and alimony can be awarded. There are a number of terms and conditions for pecuniary compensation, moral compensation, and alimony. Poverty alimony is the type of alimony that the other spouse pays for the poverty, livelihood, and shelter suffered by the spouse due to divorce.

Divorce Law Attorney
Since we have adopted this issue as our principle as divorce lawyers, it has become a duty for us to help our clients with a focus on finding solutions to every problem of our clients.

While every request and request is valuable to us, we are constantly working to provide the best service to our clients. In addition, as divorce law attorneys, we try to produce the best and most beneficial solutions to our client’s problems in light of current Supreme Court decisions and laws.

Withdrawal of Mutual Divorce Proceedings

When both parties agree on the dissolution of marriage in a friendly manner, rather than battling in court and defaming each other, it is more harmonic. They can file a petition in a District Court under Section 13B of the Hindu Marriage Act, 1955, and the Court can award them a divorce decision. The divorce will not be affected by proceedings before the Panchayat; the parties must resolve it through Matrimonial Courts. The Marriage Law (Amendment) Act of 1976 included this clause not included in the Hindu Marriage Act.

[1] The Hindu Marriage Act of 1955, Section 13B, is based on the same grounds as the Special Marriage Act of 1954, Section 28.

Section 13B (2) states that the parties must wait at least six months after presenting the petition, and before the conclusion of the eighteen months, they must take a step forward to the court together. After reviewing the case, if the court believes all facts are accurate, it can approve the divorce petition.

The following grounds can be used to submit a petition for mutual consent divorce:

Both parties must bring the petition to the court at the same time.
Both parties shall file a motion before the court hearing the petition.
Parties must live apart for a period of one year.
Parties are unable to cohabitate.
The parties mutually decided that the marriage should be dissolved.
The parties must wait for a minimum of six months before proceeding.

The six-month period began when the parties filed a divorce petition with the court.
Concerned parties must file an application with the court for a decree before the eighteen-month period expires from the day the petition is filed.
According to Sec 23(1) (bb) of the Family Law Act, permission in the case of mutual consent divorce shall not be gained by fraud, force, or undue influence as per Sec 23(1) (bb) of the Hindu Marriage Act,1955

Can consent be withdrawn in mutual consent divorce?

Suppose one partner changes their mind and wishes to salvage their marriage. In that case, they can make an application with the court where their divorce is being processed, declaring that they want to withdraw their permission for the divorce and give their marriage a second opportunity. If both the husband and wife agree to the withdrawal, the case can be amicably withdrawn, and the court can dismiss the petition.

If one spouse withdraws the divorce petition? What remedy does the other spouse have?

If one spouse files an application with the court stating that they do not wish to pursue Divorce by Mutual Consent, the court will not give a divorce decree. It is possible during the six months when the petition is pending in court.[3]

If the court determines that the unilateral withdrawal of consent is not genuine, it might issue a divorce judgment and dissolve the marriage. As a result, the court will disregard the withdrawal of consent and issue the decree.

It cannot be regarded as an actual act if the money is taken later and the wife withdraws her permission and has not made any effort to reconcile in the past seven years.

In other circumstances, the wife withdraws her permission by filing a court action to demand more permanent alimony than what was agreed. The act of withdrawing can be used as a means of harassment

Conclusion

Opting for a mutual consent divorce avoids squabbles and saves a significant amount of time and money. Mutual consent divorce is one of the best-provided possibilities, considering the increasing number of divorce applications As a result, it is the simplest type of divorce and the least expensive and time-consuming compared to disputed divorce.

It is an easy and hassle-free divorce method, too, because even during the six months between the first and second motions, any party can withdraw by submitting an application with the court saying that they do not want to get a divorce by mutual consent. The opposite party would only have one choice in such a situation: petition for disputed divorce.

Hence It is the shortest type of divorce, saving time, money, and even mental anguish.