Divorce is dissolution of marriage to end the matrimonial alliance of
husband and wife through the legal process.
A Divorce can be uncontested and contested. Uncontested divorce may be termed as Mutual divorce as there is no court proceedings involved. The divorce where court proceedings are involved termed as Contested Divorce.
Difference between Mutual Divorce and Contested Divorce
Mutual Divorce or Mutual Consent Divorce
Mutual Divorce or Mutual Consent Divorce is a kind of Divorce, where both the parties i.e. husband
and wife mutually agree to end their marriage, and also decide the terms and
conditions of divorce amicably, and further they file a Mutual Divorce petition
jointly before the family court to get the Decree of Divorce.
Mutual Consent Divorce procedure was passed in 1976 by the Parliament of
India after amending the Hindu Marriage Act.
Section 13B of the Hindu Marriage Act, 1955 provides the provisions of
Mutual Consent Divorce for Hindus, Jains, Buddhists, and Sikhs.
According to the Section 13B(1) of the Hindu Marriage Act , A petition for
dissolution of marriage by a decree of divorce may be presented to the district
Court by both the parties to a marriage together , whether such marriage was
solemnized before or after the commencement of the Marriage Laws (Amendment)
Act, 1976.
The condition of Mutual Divorce is that the parties of the divorce must be
living separately for a period of one year or more and they have not been able
to live together and that they have mutually agreed that the marriage should be
dissolved.
Under Section 319 of the Mohomedan Law, there are two forms of Mutual
Consent Divorce i.e. Khula and Mubaraat.
Where Khula is a form of Divorce proposes by the Wife to husband , and
Mubarat is a form of Divorce proposed by both the parties and they decided
mutually to put an end to their tie.
Contested Divorce
Contested Divorce is a kind of Divorce, where one of the parties i.e. husband or wife
is not ready to divorce the other party, and then that party having no option
except to file a petition against the other before the family court for getting
divorce decree.
In this kind of divorce, one party files a divorce petition against the
other to break the marriage and the other party contests it in the Court.
In Contested Divorce when one party files the petition before the Court,
then the said Court issues summons to the other party to explain the grounds of
opposing the petition.
The Hindu Marriage Act defines the Divorce as dissolution of marriage by a
competent Court, and this provision was introduced by the Hindu Marriage Act,
1955.
Section 13(1) of the Hindu Marriage Act, 1955 provides the provisions of
Divorce for Hindus, Jains, Buddhists, and Sikhs, and Section 13(2) provides the
various grounds of divorce.
Under Muslim Law, there are two forms of Divorce i.e. Extra Judicial
divorce and Judicial divorce i.e. Dissolution of Muslim Marriage Act, 1939.
Christians divorce is governed by the Indian Divorce Act, 1869, and Parsi
Divorce by the Parsi Marriage and Divorce Act, 1936.
Your questions Reply:
How long times will Divorce Take?
A mutual divorce can be granted within a short period of
time of 1 to 6 months, whereas a contested divorce may take much time to be
decreed.
What husband can do if wife not giving divorce?
The best way of getting divorce is Mutual consent divorce
which can be granted by the court within a short period of time , however the
consent of both the couple is needed for mutual divorce , hence if she is not
ready for mutual divorce then you can file a contested divorce on the ground of
Cruelty and other favorable grounds.
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