Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srivastava   08 December 2016

Mutual consent divorce

Hi My name is Srivastava and I have few questions on divorce. I am married since last 5 years and my wife is dependent on me. Currently we are staying together and are not sharing good relationship and we want to get separated. In case of mutual consent divorce do we have to first stay away for one year before filling the case or we can file the case and then stay away? If we wish to settle it for one time alimony does the calculation takes the amount that I have earned before my marriage into consideration? Usually in such a case where wife is dependent and year of marriage is 5 what is the alimony ratio ( for one time settlement)?


 8 Replies

Alok Motan (Advocate)     08 December 2016

Query 1. Yes its a requirement that one year separation period is necessary for filing mutual consent divorce. Although for the sake of filing petition now, if ur wife also agrees to it, u can show ur separation since november 2015... which usually happens n is usual practice followed in court by lawyers.. for the sake n intetest of parties.. but legally its wrong.. as far as staying away after filing petition is concerned, u will hv to wait for another 6 months time before filing second motion petition.. its a necessary legal procedure u hv to follow.. Query 2. No.. there is no such law which calculates the alimony amout. It purely depends upon mutual settlement of parties.. that too after considering the status in the society which husband is enjoying/leading.. ur assets,income has to be considered which unfortunately does not happen in india.. Alimony is usually given so that wife may secure her future or her kids future (depending upon facts of case).. by the way how much expenses were incurred by wife's side n how much dowry was given, u didnt mention this fact.. more so u did not mention about ur kids ur wife qualified n capable of earning? Query3. No fixed amount of alimony has to be given.. its mutually agreed between parties.. but amount should be reasonable i.e. husband should b capable to pay it.. usually wife demands highly excessive n unreasonable alimony.. and it should not be permitted.. On the other hand urs is going to be a mutual divorce.. and ur wife is consider her situation n make her agree on a reasonable amount.. DO NOT BE TOO RIGID OR TOO FLEXIBLE..

Kumar Doab (FIN)     08 December 2016

MCD shall be shortest and least bothersome.

Still it is suggested that try to save the marriage.

If agreeable;seek professional help on counseling to creasde the differences.



Sachin (N.A)     08 December 2016

You are rightly adviced by Adv Alok.

1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 December 2016

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Srivastava   08 December 2016

Thank you Alok it was informative. No dowry has been taken in my case even the marriage expenses are paid by me. Yes my wife is capable of earning she is an MBA and was working in bank before marriage and we don't have any children.
1 Like

Mukesh sharma (job )     09 December 2016

Hi shrivastav in mutul consent there no time limit for living seprate before filing divorce case and other in mutul divorce is very simple and short way to seprate . and your wife not claim for alimoney if she agree on mutul divorce 

but here one  more if you want to save your relation than you need to go for consultant hope its will work 


Kumar Doab (FIN)     09 December 2016

Try to save marriage.

OR prefer MCD  

Nitish Banka (lawyer)     01 April 2018

Posted by: Nitish Banka  Categories: Civil Law Family Law 


Mutual consent Divorce Procedure and complete guide

What is Mutual Consent Divorce?

Mutual consent divorce is a process by which martial status of a married couple comes to an end. This is one of a way to get divorce and most easiest form compared to other forms like Divorce by DesertioncrueltyAdultery etc. This mode of divorce is normally called uncontested form of divorce and is envisaged in Section 13B(1) and 13B(2) of Hindu Marraige Act 1955. This form is commonly known as first motion and second motion divorce petition both petitions separated by 6 months period.

Procedure to get Mutual Consent Divorce

Here are some of the requirements of getting divorce by mutual consent

  1. Mutual consent

As the name suggest Mutual consent divorce first requirement is that there must be a mutual consent between the couples. That means all issues between them like custody of children, maintenance, alimony have been resolved between them and only they intend is to get a divorce only. There is also a separation period between the couple of not less than one year. the divorce by mutual consent

How to come to a mutual consent

The husband and wife sit together either with the help of close relatives, lawyers or in mediation. They first decide custody and visitation rights of children and their custody normally custody of children goes and decided mutually in favor of wife and husband do get visitation rights if this is decided then they proceed ahead with issues related to maintenance and alimony to wife. Normally husband agree on lump sum and one time  payment of fixed amount in favor of wife and wife on the other hand will not demand any maintenance or alimony in future. only when all the above issues are resolved the mutual consent divorce is possible.

Image result for mutual consent divorce

Mutual consent Divorce

2. Preparation of Mutual consent divorce agreement

After oral discussion its now time to get it on paper here at this stage mutual consent agreement is prepared and which is a detailed documents of whatever has been agreed between the couples they are bound by it. the mutual consent agreement has to be notarized and signed in front of notary public.

3.  List of documents for mutual consent Divorce

  1. Petition of mutual consent divorce both motions along with waiver of 6 months cooling off application in case you wish to waive off 6 months waiting period between two motions. if other spouse is in other country then power of attorney of other spouse.
  2. 4-5 recent photographs to be pasted on petition and agreement.
  3. Proof of marriage which includes either Marriage card with marriage photographs or marriage registration certificate with marriage photographs.
  4.  Id card with address proof

Note: you must carry originals at time of court hearing.

4. Court Hearings

At the time of court hearing you must reach on time and all originals must be carried by you at the time of hearing. Once your matter name is called you must be ready to answer questions put up be judge.

  1. Common questions like date of marriage and separation?
  2. custody of children?
  3. Consent is without any coercion or undue influence?

After basic questions the couple move ahead for verification of original document and hearing is concluded once they sigh on their respective statements.

Conclusion of Mutual consent divorce Proceedings

After the conclusion of both first and second motion court hearings the court will prepare a decree of divorce which is a formal document of divorce and officially couples are separated by decree of divorce and process is concluded.

By Adv. Nitish Banka

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query