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Tarun (Research Analyst)     08 November 2010

Mutual Consent

Hi Friends,

I got married on 27th nov,2009 and since 1st Jan. 2010 I'm living separately from my wife as we got to know later that she is already in a relation and therefore wanted to divorce me.

Now since we are in the 11th month of our separation and decided to go for a "Mutual Consent" divorce. Here are my questions:

In case we dont' want to disclose the reason for our divorce and just show 12 month sepration (in this case it's wife's affair) is it a possibility that the court will not pass the first motion?

Though she has already accepted the fact that she wanted the divorce as she loves someone else but she will never say this thing in the court as it might make matter complicated for her and on the other hand even i dont' want to get into any kind of mess and want to get out of this stale relation as soon as possible.

Please Advise......


 8 Replies

SukrishRam (Manager)     08 November 2010


You cannot get a divorse, just you both are agree to get separated. as per HMA, there are 8 clauses available as a ground rule. Only if your petiotion fit into this, you can go ahead with the divorse.

Consult with your lawyer along wiht your wife. He will be right person to fit the rule for your case.

Avnish Kaur (Consultant)     08 November 2010

mutual consent has a ready made format , just fill it and file it

Saurabh Kumar Gupta (Lawyer)     08 November 2010

Tarun replying to your query I submit that court can grant decree of divorce under section 13B of HM Act with mutual consent and you need not to mention reason of your wife affair. but I must submit this thing that no petition can be entertained before the completion of one year from the date of marriage. 

Arvind Singh Chauhan (advocate)     08 November 2010

Yes consent requires no reason.

ramabadran (head of finance)     09 November 2010

if the divorce is obtained in the US court on the basis of mutual consent, is it necesary to file for divorce in India again. Will the answer be different if the marriage is registered in India also.

Tarun (Research Analyst)     09 November 2010

I'm not sure if there are different view on this as some people say that even in the case of mutual divorce, the Judge will ask for the reason and just by saying that we both are living seprately for 1 year won't satisfy the clause..........please help.

Prakash Yedhula (Lawyer)     09 November 2010


If the divorce is obtained by mutual consent in US, it is valid in India. It is not necessary to file divorce again in India. Even in cases, where the marriage is registered in India, a mutual divorce obtained in US court is valid. 

A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except-


(a) where it has not been pronounced by a Court of competent jurisdiction;

(b) where it has not been given on the merits of the case;

(c) where it appears on the face of the proceedings to be founded on an incorrect view of international law or a refusal to recognise the law of India in cases in which such law is applicable;

(d) where the proceedings in which the judgment was obtained are opposed to natural justice;

(e) where it has been obtained by fraud;

(f) where it sustains a claim founded on a breach of any law in force in India

Prakash Yedhula (Lawyer)     09 November 2010

@ Tarun

It is necessary that the period of separation should be atleast one year. Though you have been living separately since 01.01.2010, for the sake of convenience, it can be ante dated so that the case can be filed earlier. However such date can be only after 27.11.2010 and the mutual consent case can be filed only after such date. 

However, it is not necessary to disclose the reason for separation in a mutual consent divorce.

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