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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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

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

How is maintenance and alimony decided in divorce by mutual consent?

Maintenance and alimony in divorce by mutual agreement is consented to and agreed by both husband and wife mutually. The amount is decided by a mutual agreement

What is the first and second motion under proceedings of mutual divorce in India?

First motion under proceedings of mutual divorce is the filing of the petition in a Court of competent jurisdiction where the husband and wife mutually consent

How much time does it take to obtain divorce by mutual consent?

The minimum time to obtain a decree of divorce is 1 month, if you hire your advocate wisely who can convince the court to set-off the cooling period. Otherwis

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

What are the mandatory conditions required before filing a petition for mutual divorce?

To get an uncontested divorce, 3 conditions required to be fulfilled are: Husband and wife should be living separately for a period of one year or more; Dur

What is an uncontested divorce or divorce by mutual consent?

Uncontested divorce or divorce by mutual consent is a form of divorce where both husband and wife agree to dissolve their marriage and there is no disagreement