Answer:
Mutual divorce is when husband and wife want to dissolve their marriage amicably and agree on key terms such as alimony/maintenance, child custody/visitation, amount of streedhan, disposal of shared property and withdrawal of pending cases against each other. Section 13B of Hindu Marriage Act, 19 55 deals with divorce by mutual consent of husband and wife. Both spouses file an application jointly and state that they have been living separately for over a year, they have failed to live together and they both agree to dissolve the marriage.
Contested divorce is when either husband wants divorce and wife doesn’t or vice versa, or both spouses have serious differences they cannot resolve. Contested divorce is filed on various legal grounds such as cruelty, desertion, adultery or any other ground that is recognised by law. Under Section 13 of Hindu Marriage Act, husband/wife can file for divorce on any ground that is legally recognised. However the spouse filing the petition needs to prove the stated ground(s) to the Court.
To put it simply, mutual divorce is based on parties’ agreement. A contested divorce is based on evidence or proof.
Mutual divorce proceedings are smoother since both spouses are cooperating with each other. Contested divorce takes time since the Court hears both parties, goes through the documents submitted, records evidence and then comes to a conclusion whether the spouses should be divorced or not.
How Advocate BK Singh can assist you?
Advocate BK Singh can help you figure out if your case can be filed under mutual divorce or contested divorce. He can draft your mutual consent divorce papers, settlement agreement, alimony amount and terms, child custody terms and conditions for withdrawal of any pending cases. If your case is contested, he can draft your divorce petition or reply to your spouse’s petition, gather evidence, represent you in Family Court proceedings, defend you from false allegations made by your spouse and advise you on seeking maintenance/alimony, fighting false domestic violence/498A case and fighting for custody of your child/children.
If you are stuck between choosing mutual divorce and contested divorce, Advocate BK Singh can go through your facts and recommend you the safest legal option.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
