Divorce is a very difficult decision in one’s life and can be a turning point. Taking rounds of the court for this purpose can affect a person’s mental state. People often get confused between mutual divorce and contested divorce and hence the detailed difference-
Mutual Consent Divorce – When both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably amongst themselves or through their lawyer, it is called a mutual consent divorce or uncontested divorce. They can file a joint divorce petition without the need to contest it in the court.
Contested Divorce – A contested divorce is whereby one party(spouse) files a divorce petition against the other and the other party contests the same in court. A contested divorce is also known as one-sided divorce as a divorce petition is filed by one spouse to end the marriage and is contested by the other before the court.
Mutual Consent Divorce & Contested Divorce Grounds
- Ground For Divorce
Under the Indian divorce law which is followed in Faridabad Family Court, establishing a ground for divorce is not necessary for a mutual consent divorce, but a petition for contested divorce can only be filed on a valid ground from divorce.
Reasons for divorce in India include adultery by the spouse, mental or physical cruelty, desertion, conversion of religion, renunciation of the world, mental illness, leprosy, venereal disease of communicable form, the spouse is not heard being alive for 7 years, etc. Section 13 of the Hindu Marriage Act, 1955 lays down the valid reasons for divorce in India.
- Cooling Off Period/Reconciliation Period
As there are no chances of reconciliation between the divorcing couple so there is no concept of a cooling off period in a contested divorce. However, there is a cooling off period of 6 months in a mutual consent divorce to give the couple some time to reconsider their decision. Under the new divorce law in India and by various supreme court judgments, the cooling period may be waived off by the court if it thinks fit that that reconciliation is impossible and a cooling period will only aggravate their suffering.
- Maintenance, Child Custody And Property
In a divorce by mutual consent, the formalities pertaining to maintenance, division of property and child custody are decided by the husband and wife. However, the issues relating to alimony/maintenance, child custody and division of property are contested in the contested divorce petition. The divorce lawyer in India files separate petitions to deal with these issues in case of a contested divorce.
- Pre- Condition On Filing Divorce
According to The Hindu Marriage Act, a mutual divorce petition can be filed once after at least one year has passed from the date of the marriage. However, this pre-condition/pre-requsite is generally ignored by the court in case of contested divorce. The divorce advocate in India needs to file a separate application with the court to bypass this condition in a contested divorce.
- Filing A Divorce Case
In case of mutual divorce, a joint petition/application is filed by the husband and wife with the court in conjunction. However, in case of contested divorce, the husband or wife files a one-sided divorce petition against the other and the other spouse contests the divorce petition before the court.
- Time Taken In Divorce Process
A mutual divorce is considered as the fastest way to get a divorce in India and a divorce decree is usually passed in 6 months or less by the court, however, a contested divorce may take up to 1-2 years as there are more formalities involved in a contested divorce as compared to a mutual consent divorce.
For Family Related Disputed in Faridabad you can contact –
Advocate Sunil Kumar Bakshi,
Office – 2043/16 Faridabad – 121002, Near Jain Mandir
Also At – Chamber No.272, District & Sessions Court, Faridabad.
Mobile – +91-9873750515, 9811680103
Website – www.bakshiandassociates.com
