Divorce by Mutual Consent

In our nation, Hindu marriage is both religious and legal. If you are unhappy with your marriage and wish to terminate it, you have the legal right to divorce. Mutual divorce and unilateral divorce petitions are the two forms of divorce (Contested Divorce). Both parties, i.e. husband and wife, agree to separate and end the marriage in the mutual consent divorce procedure. The Hindu Marriage Act, 1955, contains a provision for divorce by mutual consent under Section 13 B.. Before receiving a divorce, both parties must meet specific requirements. Learn the steps of obtaining a divorce and what are the criteria for obtaining a divorce?

Prior to the arrival of the British, Hindu marriage was a sacred event with no provision for divorce or separation. Marriage was formerly supposed to be a multi-generational partnership. Following independence, the Hindu Marriage Act of 1955 was passed, which contained a divorce option. Since then, having a wife has been a prerequisite for Hindu marriage. You must first acquire a divorce before remarrying.

Conditions for divorce by mutual consent

1- For the past year or more, the husband and wife have been living apart.

2- There should be no agreement between the two that they will mutually agree and live together.

3- You can apply for divorce if neither party sees any opportunities to reconcile.

4- In this, 6 months time is given by the court to file the first petition for divorce from both the parties.  The petition can be withdrawn at any point during this period by any side.

5- According to the new rule, you can now apply for a 6-month time reduction. After considering all factors, the court may be able to shorten this period.

6- You must file a second petition within 18 months of submitting the first. If it’s been more than 18 months, you’ll have to start over with the original petition.

7- That is, a divorce petition will have to be submitted all over again.

8- If one of the parties withdraws the case at the time of  second petition, it will be fined and penalised.

What is the process of mutual divorce?

1- First , a joint petition signed by both the parties for divorce is filed in the family court.

2- In this divorce petition, both parties sign a joint declaration stating that they are unable to remain together owing to their mutual disagreements and that they wish to divorce.

3- The arrangement governing the distribution of children and property is also included in this statement.

4- The document is signed in front of the Hon’ble Court after the statement has been recorded.

5- Following that, each party has six months to reconcile or alter their minds.

6- If the two parties do not reach an agreement within six months of these proposals, then will appear for the final hearing, which is the second motion.

7- If the second resolution is not filed within 18 months, the court will not issue a divorce decree.

8- A party can also withdraw its permission at any moment before the order is issued.

9- In such a circumstance, if the husband and wife are unable to reach an agreement or the court is not totally convinced, a divorce decree cannot be issued.

10- Divorce will be granted at the end of the proceedings if the court finds it right..

Can I get remarried without divorce?

Divorce is a prerequisite for remarriage. It is a crime under Section 494 of the Indian Penal Code to marry without first going through the divorce procedure. It includes a 7-year sentence as well as incarceration.

Child custody and property decision after divorce

The question of child custody must be resolved by both parties in a mutually consent divorce. In such a case, one of the parents, or both of them, wins custody of the children. At the same time, the issue of property must be resolved via mutual agreement. If the wife is financially reliant on her husband, alimony will be paid on a mutually acceptable basis.


Dr. Deepak Miglani, Email id.:- [email protected]

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