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If you need a divorce, why is it better to get a divorce by mutual consent and how does one go about it?
This blog post is about how to go about getting a divorce by mutual consent in India. In case you want to get a divorce, do try and get a mutual consent divorce instead of a contested one.
It’s always better to get a mutual consent divorce. The advantages are that: 1) It saves time 2) It saves money 3) It is emotionally less traumatic because you avoid the usual public mudslinging inherent in contested divorces.
Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976 has outlined the process of getting a mutual consent divorce, if you are a Hindu. Any Hindu marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.
The first prerequisite for filing a divorce by mutual consent is to have lived apart for a year before filing for the divorce. A petition supported with affidavits for divorce should be filed in the district court by both the spouses. The husband and the wife need to make a joint statement to the court to the effect that they are unable to live together as they are facing immense difficulties in adjustment. The filing of the divorce petition by both the husband and the wife is legally known as the “The First Motion Petition for Mutual Consent Divorce”.
“The Second Motion Petition for Mutual Consent Divorce” mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears in court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.
For a mutual consent divorce, please consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.
A freelance journalist and teacher, Kalpana is a feminist, an animal rights activist, passionate about the environment and fitness through yoga. She believes in a holistic and sustainable lifestyle and she also happens to be read more...
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UP Boards Topper Prachi Nigam was trolled on social media for her facial hair; our obsession with appearance is harsh on young minds.
Prachi Nigam’s photo has been doing the rounds on social media for the right reasons. Well, scratch that- I wish the above statement were true. This 15-year-old girl should ideally be revelling in her spectacular achievement of scoring a whopping 98.05% and topping her tenth-grade boards. But oddly enough, along with her marks, it’s something else that garners more attention – her facial hair.
While the trolls are driving themselves giddy by mocking this girl who hasn’t even completed her school yet, the ones who are taking her side are going one step ahead – they are sharing her photoshopped pictures, sans the facial hair, looking nothing less than a celebrity with captions saying – “Prachi Nigam, ten years later”.
Doctors have already diagnosed her with PCOD in their comments, based on photographic evidence. While we have names for people shamed for their weight – body shaming, for their skin colour- racism, for their age- age shaming, for being a female- sexism, this category of shaming where one faces criticism for their appearance has no name. With that, it also has zero shame attached to it.
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