Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period.

In Kerala, a recent High Court judgement allows Christian couples seeking divorce by mutual consent to potentially waive the two-year separation period. However, there are still conditions that can be included in the divorce agreement. Here are some comm

on ones a wife might propose:

• Financial Settlement: This could include a lump sum payment, spousal support, division of assets (like property or vehicles), or any combination.
• Child Custody and Maintenance: If there are children involved, the agreement will need to specify who will have primary custody, visitation rights for the other parent, and how child maintenance will be handled.
• Division of Debts: The agreement should address how any existing debts will be divided.
• Stridhan: In some cases, the wife might seek to claim her Stridhan, which is her property obtained before or after marriage.

It's important to note that these are just some general points, and the specific conditions will depend on the couple's individual circumstances.

Here are some resources that you might find helpful:

• Lawyers who specialize in family law can advise on the specifics of a divorce agreement.
• Mutual Consent Divorce by Christians: lawwatch.in discusses the legal aspects of mutual consent divorce for Christians.

• Minimal or No Financial Settlements: If there's minimal or no financial settlement involved (like spousal support or division of property), a Rs. 100 stamp paper might suffice.
• Financial Settlements: If the agreement involves financial settlements, the stamp duty is typically calculated as a percentage of the total settlement amount. You'll need to consult the Kerala Stamp Act or a lawyer to determine the exact rate. However, some resources suggest the rate could be around 2% of the settlement value.

The information you previously received about a mandatory 6-month cooling-off period for mutual consent divorce in Kerala is outdated.

Recent court rulings have eliminated the mandatory 6-month waiting period for mutual consent divorces in India, including Kerala (https://vakilsearch.com/blog/new-rules-for-divorce-in-india-in-2023/).

This means a Christian couple in Kerala seeking a divorce by mutual consent can potentially file their petition without waiting for six months, provided they meet the other legal requirements.

 Yes, in Kerala, if the terms of a mutual consent divorce agreement are not fulfilled by one spouse, the other spouse can approach the court again to get the divorce finalized.

Here's a breakdown of the situation:

• Mutual consent is key: A court will only grant a divorce by mutual consent if both spouses genuinely agree to the terms throughout the process.
• Breach of agreement: If one spouse fails to uphold their end of the agreement, it can be considered a breach of contract.
• Legal recourse available: The spouse who is not at fault can then file a petition with the court, citing the breach of agreement and requesting the court to enforce the terms or grant the divorce decree.

Here are some additional points to consider:

• Evidence of breach: It's important to have documented proof of the agreement and the other spouse's non-compliance. This could include financial records, emails, or witness testimonies.