Which law governs divorce by mutual consent? | Legistify

Divorce with mutual consent is governed by laws in accordance with the religion of the contesting parties:

Hindus (includes Sikhs, Jains, Buddhist) are governed by Section 13(b) of Hindu Marriage Act;
Divorce under Islam is governed by Shariat (personal laws) and Dissolution of Marriage Act, 1939;
Christians are governed by the Indian Christian Marriage Act, 1872; and
Special Marriage Act, 1954 is a secular act covering all parties irrespective of their religion.

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When can the divorced partners remarry?

The divorced persons can remarry only when the decision of the Court is final and binding. A decision becomes final and binding when: If an appeal has not bee

Can any one party withdraw the petition for mutual divorce?

Yes, one party to the proceeding can withdraw the petition for mutual divorce through an experienced divorce lawyer at any time within the time period of 6 mont

What can the other party do if petition for mutual divorce is withdrawn by one party?

The other party is left helpless when the petition for uncontested divorce is withdrawn by one party. The only remedy available is to file a petition for a norm

What is the cooling off period?

Cooling off period is the time given by the Court to the husband and wife after filing of the petition to obtain uncontested divorce to make up their minds and

Can mutual consent divorce be challenged in Court?

Divorce by mutual consent is final and binding and thus cannot be challenged in any Court. The basis of such divorce is mutual consent and since both parties co

What is the fee estimate and charges of lawyer to obtain a mutually consented divorce?

The fee estimate varies from case to case. However, it can be done at minimal possible rates if you consult a good lawyer in your area. The primary cost that yo

When can a petition for divorce by mutual consent be filed?

A petition for divorce by mutual consent can be filed any time after one year from the date of solemnisation of marriage if husband and wife mutually agree to d

Who gets the custody of child in divorce by mutual consent?

The good part about a divorce with mutual consent is that the child is not dragged into fights as to the right of custody. The question of the custody of child