Good legal article on Divorce by mutual consent
No Provision in the Beginning
The Hindu Marriage Act came into existence in the year 1955. In the beginning, the law relating to divorce was not very liberal and there was no provision to seek divorce by mutual consent. Rather while seeking divorce, the parties were bound to mention that there was no collusion. The courts were also conservative while granting relief to the spouses appearing before them. But gradually taking into consideration the practical situation faced by the aggrieved parties, the Legislature in its wisdom brought suitable legislation to make the divorce provisions more meaningful, liberal, and practicable.
Taking into consideration such type of eventualities, an amendment was brought in the Hindu Marriage Act, 1955, in the year 1976, and Section13B was added in the Act to make a provision to seek a decree of divorce by way of Mutual Consent. Section 13B of the amended Act reads as under:
(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Marriage Laws (Amendment)
Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall on being satisfied after hearing the parties and after making such enquiry as it thinks fit, that a marriage has been solemnised and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree."
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