mutual divorce

Good evening,

Mutual divorce, under Section 13(B) of Hindu Marriage Act, 1955 means peaceful separation with mutual consent among two parties of a marital status. The parties can seek Divorce by mutual consent by filing a petition in the Family court. You can only file for such a divorce after one year of marriage. You are required to wait for one year from the date of marriage to file for mutual divorce. They must also show that they've lived separately for one year, or more, and have not met the marital obligations. The marriage must be beyond reconciliation, and if the petition for marriage is not withdrawn within six months, then the court will proceed to grant the divorce. The six months, or a certain time period is provided for the parties to re-think their decision, and resolve their issues. 

The requirements for mutual divorce are-

• The parties have been living separately for a period of at least one year
• They have not been able to live together, and
• They have mutually agreed that marriage should be resolved.

The first requirement is that the parties should be living separately for a period of at least one year before filing the divorce petition. The consent must be free, and not a forced consent. Meaning that one party can't force the other party of the marriage to agree for a divorce.

The divorce petition is usually presented in the form of an affidavit to the family court. After filing the petition, and recording both statements of the parties, the case is adjourned for a period of six months. This six months is considered as a time to re-think decisions about the divorce, and solve the issues. Any party can withdraw this petition during that six months. After six months, if they still want to go ahead with the divorce, both parties can present themselves for the second motion. After the second motion is passed, the divorce is usually granted. If, during the six months, one of the parties withdrew the petition, then the court will not grant the divorce. If the other party still wants a divorce, then they can file for a normal divorce under Section 13 of Hindu Marriage Act, 1955.

Hope this helps!

Regards,

Nandini.