From the free consent to parties to begin the relationship as spouses to mutual permission to separate as strangers, consent plays a crucial role in all stages of marriage. Mutual divorce and even alimony facilitate the formal separation procedure.
Hindus, Muslims, Christians, Parsis, and Jews are the five major communities in our culture. Each group has its own set of personal rules based on religious texts, customs, and traditions. As a result, the grounds for divorce and alimony for a Hindu woman may differ for every community. Thus, we focus on divorces and their associated events in this article.
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What is Divorce by Mutual Consent?
The process of legal separation becomes simple with mutual consent for divorce than with any other cause for divorce.
Divorce by mutual consent or mutual divorce occurs when both husband and wife mutually agree that they cannot live together any longer and that the best solution is divorce. They present a mutual divorce petition jointly before the honourable court, without making any allegations against each other.
Mutual divorces are the quickest, simplest, and least expensive way to divorce in India.
Is Alimony Mandatory in Mutual Divorce?
However, it is not necessary that if the parties are pursuing divorce by mutual consent, the parties can agree on maintenance or alimony. According to the agreement, the husband may handover a specific sum of money to the wife or vice versa. The amount to be paid is determined by numerous factors, including the respondent’s income, the property he or she owns, among others.
Divorce Alimony Calculator in India
The formula for determining alimony is not set in stone. Depending on the facts and circumstances, the Court awards varying amounts of alimony in various sorts of situations. The Court evaluates the parties’ standing, their requirements, the husband’s ability to pay, and the number of persons they must financially support.
Alimony is determined by considering their total monthly income before taxes, their educational background, the number of years they have been married, and the number of children.
The Supreme Court has established the alimony benchmark at 25% of the ex-net husband’s wage. The Court also stated that the wife should be entitled to 25% of the husband’s net wage to live a dignified life.
The Court established the method that Family Court must follow when giving interim maintenance/maintenance in the case of Gaurav Sondhi versus Diya Sondhi. The following is the method for awarding maintenance.
- Every month, the husband must pay his wife by the 10th of the month. The husband may be ordered by the court to pay such on a later date after focussing all the facts and circumstances of the case.
- If the woman has a bank account, the husband must send the payment straight into her account by the 10th of the month.
- It may be done through counsel if it is difficult to make the payment directly to the wife or kid. In addition, the husband may deposit a draft/crossed cheque in the wife’s name in the Court register.
- The Court may pardon the first payment, pardon it. However, in case of the spouse missing the second payment without a valid excuse, the court may impose a penalty of up to 25% of the monthly maintenance.
- If the partner defaults payments in the third and fourth months, the penalty may escalate to 50% of the monthly maintenance fee.
- The court’s responsibility is to guarantee that the maintenance order is relevant and the wife receives support.
- If interim maintenance is getting paid and litigation fees have been paid for the wife, a written statement should be issued within a reasonable period.
- When imposing a penalty for non-payment, the Court must evaluate the nature of the husband’s work. Husbands who work irregular hours are more likely to fall behind on their payments.
How long does it take for a mutual divorce in India
From filing to receiving the divorce decree, the entire process can take anywhere from 6 months to 2 years on average. However, depending on the case nature, it may take longer. Mutual divorce does not have a set time frame because each case is unique and independent of the others. Keeping this in mind, mutual divorce has been shown to take the least amount of time compared to other divorce procedures.
Factors for Determining Alimony
The following variables determine the duration and amount of alimony to be paid:
- The length of the marriage typically determines alimony amounts and duration. Marriages that lasted more than ten years are eligible for permanent alimony.
- When determining alimony, the age of the husband is also considered. A young alimony recipient is usually granted alimony for a shorter amount of time if the court believes that he/she will soon be able to become financially secure through anticipated professional brilliance.
- Alimony is also popular to balance the financial situations of both couples. The higher-earning spouse is obligated to pay substantial alimony.
- The spouse who is expected to have a successful career is obligated to make a large alimony payment.
- If one of the spouses is in bad health, the other must make a large alimony payment to ensure the other spouse’s adequate medicine and well-being.
- Suppose the wife is completely unable to make a living owing to a physical impairment or a lack of education. In that case, the husband is obligated to give her a set sum on a monthly or quarterly basis to enable her to live a decent life.
- When the wife is not earning but is highly educated and qualified to work, the court shall order the woman to find work and pass an order to pay maintenance of a particular amount to support her during the term of her job search.
- According to Section 125(4) of THE CODE OF CRIMINAL PROCEDURE, 1973, if the ex-wife is in a relationship with another man, she is not legally entitled to alimony regardless of whether or not she intends to marry the other man.
Divorce is the process of ending a marriage or marital union. It is also known as the dissolution of marriage. Divorce often implies the cancellation or reorganisation of a marriage’s legal duties and responsibilities, which severs the bonds of matrimony between a married couple under the laws of the specific nation or state.
Divorce laws vary significantly throughout the world, but divorce involves the permission of a court or other authority in a formal procedure in most nations, which may entail questions of property allocation, child custody, and alimony.
‘Mutual consent’ refers to both spouses agreeing to an amicable separation.
If any of the spouses does not consent, then the divorce cannot be obtained with mutual consent. The agreement on the amount of alimony is a critical aspect of mutual divorce. Alimony is a payment made to one spouse as maintenance by the other. Before filing the divorce petition, the parties should reach an agreement.
FAQs Regarding Mutual Divorce
What are the factors on which maintenance amount is calculated?
The following factors determine the maintenance:
- Total monthly home income of both spouses without tax.
- Educational background of both spouses.
- The number of years of marriage.
- Several children and child custody.
How long will it take to get the order of maintenance?
It takes anywhere from 15 days to 2 months for interim maintenance to be completed. Permanent repair might take anything from five months to a year (approximately).
What are the circumstances under which courts do not agree with unilateral withdrawal by a spouse?
If there is no sufficient reason for the withdrawal of consent, the court considers the withdrawal of consent to be done under duress. After jointly consenting to divorce, one party withdraws their consent, which amounts to mental cruelty.
Can mutual consent divorce be withdrawn?
If one party changes his/her mind and wishes to salvage his/her marriage, that party may make an application before the Court where their divorce procedure is pending, declaring that he/she wants to withdraw his/her permission for the divorce to give their marriage a second opportunity. If both the husband and wife agree to withdraw, they can do so amicably, and the court can dismiss the petition.