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on March 8, 2023
Mutual divorce, also known as uncontested divorce, is a process where both spouses agree to end their marriage amicably without any disputes or legal battles. In India, mutual divorce is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. These laws have undergone some significant changes in 2022, and in this blog, we will discuss the new rules for mutual divorce in India.
The main objective of the new rules for mutual divorce in India is to simplify the process and make it more efficient. Here are some of the significant changes that have been made:
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Online Filing of Divorce Petition: The new rules allow couples to file their divorce petitions online. This is a significant step towards making the process more accessible and convenient for people. The online filing process is straightforward and user-friendly, and couples can complete it from the comfort of their homes.
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Minimum Separation Period: Earlier, couples had to wait for a minimum of one year before filing for mutual divorce. However, the new rules have reduced this waiting period to six months. This means that couples can file for mutual divorce after being separated for six months, provided they both agree to end the marriage.
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Counseling Session: As per the new rules, before granting mutual divorce, the court will conduct a counseling session with the couple. The objective of this session is to ensure that the couple has tried to reconcile and to understand the reasons for the breakdown of the marriage. The counselor will try to resolve any issues between the couple and encourage them to reconsider their decision to divorce under muslim law.
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Waiver of Cooling-Off Period: Earlier, after filing for mutual divorce, there was a mandatory cooling-off period of six months. During this period, the court would give the couple time to reconsider their decision and try to reconcile. However, under the new rules, the court has the power to waive off this cooling-off period if it is satisfied that the couple has already tried to reconcile and that there is no chance of the marriage being saved.
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Settlement Agreement: As part of the new rules, the court will also ensure that the couple has reached a settlement agreement on issues such as child custody, alimony, and property division. This agreement will be binding on both parties, and any violation of the same will be treated as contempt of court.
In conclusion, the new rules for mutual divorce in India 2022 have made the process more accessible and efficient. The reduced waiting period, online filing, and waiver of cooling-off period have made it easier for couples to end their marriage amicably. However, it is important to remember that divorce is a significant decision, and counseling sessions are aimed at helping couples reconcile and save their marriage. If you are considering mutual divorce, it is essential to consult with a legal expert to ensure that you understand the implications of the new rules and make informed decisions.
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