divorce still serves as an impermissible word in our Indian Society and is frequently seen as bringing discourteousness to the entire family. still, the dynamics between a couple are more known to them, and divorce is preferred wherever-existence is no further than a bare formality.
The correction of 1976 fitted section 13B in Hindu Marriage Act, 1955, thereby furnishing the people of India with a different expedient. Divorce by collective concurrence allows couples that are agreeing upon ending the marriage to gain a divorce in a hassle-free manner and without indulging in a long-drawn action process with some pre-and post-conditions.
What’s the meaning of ‘ collective concurrence ’ divorce?
When both parties to a marriage have mutually agreed upon the dissolution of marriage and have presented a solicitation in a court of law to gain a divorce, it’s known as collective concurrence divorce.
Statutory provision Section 13B, Hindu Marriage Act, 1955
- That the parties making solicitation should be living independently for at least a period of 1 time or further incontinently antedating the donation of the solicitation;
As interpreted by the Supreme in Sureshta Devil. Om Prakash( AIR 1992 SC 1904) The expression ‘ living independently’ means not living like hubby and woman.
- That the marriage was praised duly under the Hindu Marriage Act, of 1955; and
- That the concurrence has been drawn freely from both divorce parties.
That the collective concurrence should live continuously till the decree for the mutual divorce process has been passed. ( As observed by the Supreme Court in Suresh Devil. Om Prakash’s ( AIR 1992 SC 1904) collective concurrence should continue till the divorce decree is passed. If there’s no concurrence at the time of inquiry the court gets no governance to make a decree for divorce.)
How is it different from other types of divorce?
Divorce in India is substantial of two types
- collective concurrence Divorce
- queried Divorce
What’s the operation of section 13B of the Hindu Marriage Act, 1955?
The section on collective concurrence of divorce provides for a simpler way of getting a divorce. It elaborately lays down the demand of living independently for minimum 1 time and also provides for a cooling off period from 6 months to 18 months from the date of donation of a solicitation of divorce. The section therefore can be seen as a middle path for easing divorce and conciliation by giving ample occasion to reevaluate. The courts are also anticipated to make every trouble to sustain marriage( Jyotiv. Darshan Nirmal Jain( AIR 2013 Gujarat 2018)).
How to file the solicitation for collective concurrence divorce?
The process requires a form of solicitation( under section 13B of the Hindu Marriage Act, 1955) before the court with affidavits by both parties as a protestation that they haven’t been suitable to live together as hubby and woman for a time( or further as the case may be) and hence give collective concurrence to conclude for divorce. The collective agreement should encompass terms of an agreement related to all rights and scores, videlicet
- guardianship of the child( can be either joint/ participated or exclusive);
- conservation/ Alimony( no outside or minimal limit specified);
- Action costs; and
The divorce solicitation can be made in a family court of a quarter at any of the following places
- Place where marriage was praised;
- Place where hubby and woman last rented; or
- Place where a woman is abiding at the time of donation of the solicitation.
The court on entering a solicitation for collective concurrence divorce will record statements of both parties. In case a party is unfit to attend the court proceedings, any person on whom power of attorney has been bestowed( rather than a family member) can be present. On a recording of statements, the first stir stands granted.
Following this a cooling off period of 6 to 18 months from the date of donation of the first solicitation is granted. In Suman.
still, also on completion, the parties continue with alternate stir wherein the parties have to compulsorily be present in the court to confirm their concurrence by recording a statement, during the cooling off period the concurrence subsists.
Also Read :