Divorce by Mutual Consent in India is a legal process in which both the parties involved in a marriage mutually agree to dissolve their marriage and apply for a divorce. This type of divorce is considered the most amicable and straightforward way of ending a marriage in India. The divorce by mutual consent is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.
Under Section 13B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act, 1954, a divorce by mutual consent can be granted if:
- Both parties have been living separately for a period of one year or more,
- Both parties have mutually agreed that the marriage should be dissolved,
- Both parties have been able to reach an agreement regarding alimony, child custody, and property division.
Once the petition is filed, the court will fix a date for the first motion, and both parties are required to appear before the court. During the first motion, the court will attempt to reconcile both parties and to ensure that the divorce is mutual and voluntary. If the court is satisfied that the divorce is being sought by mutual consent and the agreement between the parties is genuine, it will grant a six-month cooling-off period, during which both parties are expected to reconsider their decision.
After the cooling-off period of six months, both parties are required to appear before the court for the second motion. If both parties are still in agreement that the marriage should be dissolved, the court will grant a decree of divorce.
In conclusion, divorce by mutual consent in India is a relatively straightforward and amicable way of ending a marriage, provided both parties are able to agree on the terms of the divorce. The process is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, and requires both parties to file a joint petition before the family court. If the court is satisfied that the divorce is being sought by mutual consent and both parties have agreed to the terms of the divorce, it will grant a decree of divorce after a cooling-off period of six months.
