Mutual Divorce

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Mutual Divorce

Mutual Consent Divorce: under section 13(B) of the Hindu Marriage Act 1955 by filing a petition before the court, husband and wife who seek divorce by mutual consent can avail this procedure. In other words if husbands and wife both are mutually agree for peaceful divorce is called mutual Consent Divorce. This is a legally way of coming out of the marriage. Next important consideration of this Act is the child custody. It is also be worked out effectively between husband and wife, child custody can be shared or joint depending upon the understanding of the spouses.

Documents Required for Mutual Consent Divorce

Marriage Cards or Marriage Certificate
Two Joint Marriage Photograph
Two Passport Size photographs of Both Parties
Aadhaar Card and/or Any Other current Address Proof of Both Parties

When can mutual consent be filed for divorce?

Husband and wife have to show that they have been living separately for a period of one year or more than that from the date of presenting petition for divorce. They have to mutually agree that they are not ready to live together as husband and wife.

Where the petition can be filed?

District Court of the family where their matrimonial home is situated, petition will be filed for mutual divorce.

All About Mutual Divorce Petition.

Mutual Divorce Petition can be filed in form of an affidavit to the family court. After filing such petition and recording the statement of both parties generally the court adjourns for the period of six months.

After the period of six months if both parties again confirm their mutual consent of divorce filed earlier. The court may grant decree of divorce after confirming the second motions of both parities..

Any of the partners are fully entitled to withdraw their mutual consent by filing an application before the court saying that he/she does not seek to divorce now during the period of 6 months.

Mutual Consent Divorce in India

Divorces are tough! But so are marriages that take a toll on your physical as well as mental well-being, Mutual Consent Divorce in India is no more a taboo, and people are gradually accepting the cruel realities of their relationships, and are taking decisions so as to get into healthier relationships.

  • Section 13(B) of the HMA Act 1955 provides that the mutual consent period of separation is one year
  • Section 10(A) of the Divorce Act 1869 provides divorce by mutual consent where the period of separation is 2 years
  • Section 28 of the Special Marriage Act 1954 provides for divorce by mutual consent.

As per the Hindu Marriage Act 1955, section 13B states that there must be following conditions for mutual consent divorce:

  • Husband and wife are not able to live together anymore
  • They have been living separately for a period of one year or more than one year
  • Both of them have mutually agreed that the marriage has completely destroyed and hence it needs to be ended.

In India, separation if contested by the other party can be achieved only by evidence of unkindness (physical as well as mental), abandonment (unjustified separation of 2 years), infidelity (sexual intercourse outside wedlock), insanity etc.

Role of our Mutual Consent Divorce Lawyer

While filing for divorce, one must seek help from experts like Mutual Consent Divorce Lawyer who will help the respective individual in the entire process. At the same time he will also inform you that following are the requirements while the process of divorce is going on:

  • Firstly, a joint agreement is signed by both the parties
  • Next, the first motion statement of both of them is recorded and in the presence of hon’ble court it is signed on paper
  • Then, the court gives them a period of 6 months as a chance to change their mind
  • After that, if they don’t agree even after those 6 months then they are called for second hearing, which is the final one.


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