Need more details about mutual consent divorce
10 months ago
My partner and i have agreed to a mutula divorce. We got married in februaury 2023. The marriage was a result of force and emotional blackmail from both the families. My wife also wants a divorce but her parents are asking for compensation
Section 13B of The Hindu Marriage Act,1955 provides the provision for Divorce by Mutual Consent of both parties. It explains that if the parties are living separately continuously for a period of one year and parties are not able to live together and have agreed to separate mutually then they can seek divorce by mutual consent to resolve issues between them peacefully. Section 13B provides the following grounds on which a petition for dissolution of marriage can be presented in court: (1) Both husband and wife have been living separately for a period of one year or more, and (2) They have not been able to live together, and (3) They have mutually agreed that the marriage should be dissolved. If any of these grounds are missing from the petition for dissolution of marriage, the Court may reject such a petition. A wife is entitled to claim maintenance from the husband under Section 25(1) of Hindu Marriage Act, 1955. As per section 25 of the Act at the time of passing any decree of divorce or at any time subsequent thereto, the court may order the grant of maintenance to the wife based on mutual agreement of the parties. If any permanent alimony is to be given, the wife must have received all amount of alimony, or if the alimony is to be given in future dates or monthly the husband and wife must have entered into a written understanding/agreement in that respect. In case you need any assistance in filing a divorce petition to access justice you may contact our legal team along with relevant papers for taking the necessary steps.
A.Dear client,
Compensation can only be given based on the requests of parties involved in this marriage, ie you and your wife only.
If your wife wishes to agree with her parents and pursue their request for compensation, she will have to prove on what grounds this compensation is being sought for. If that happens, you will also have a right to counter these claims since you state in your question that "The marriage was a result of force and emotional blackmail from both the families".
If you wish to get a divorce mutually, the terms of the divorce are only up to you and your wife.
For further legal advice, speak to a lawyer.
Thank you
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