Before filing a petition for divorce under Hindu Marriage Act, 1955, whether it is by mutual consent or not, some points should be kept in mind like-
1. Sec. 14 of Hindu Marriage Act, 1955 put a bar that “no petition for divorce to be presented within one year of marriage” but the proviso to Sec.14 provide that if the case is of exceptional hardship, then the court has power to waive this bar on application.
So, in the instant case, it is barred by Sec.14 of Hindu Marriage Act, 1955 and if you want that, the petition to be entertained, you need to present an application under proviso of Sec.14 of Hindu Marriage Act, 1955.
2. The second point to be considered is that if we go for “divorce by mutual consent under Sec. 13B. of Hindu Marriage Act, 1955” it requires that both the parties to a marriage have been living separately for a period of one year or more (it is mandatory provision).
Thus in the instant case according to Hindu Marriage petition for divorce by mutual consent cannot be filed.