mutual divorce

Dear sir,
i and my wife want to get mutual divorce.can you please tell me the process to apply for mutual divorce.


You have to apply to the court under Hindu Marriage Act for mutual consent divorce. 


Respected Sir,

For mutual divorce first of all, these conditions need to be fulfilled which are given under Sec. 13B of the Hindu Marriage Act,1955

(i) First is that both spouses must live separately for at least one year. 

(ii) Secondly,both spouses feel that they cannot live together.

(iii) Third is that both the husband and wife mutually agree that their marriage has collapsed

(iv) Lastly and a very important condition is that both parties agree to comply and file jointly for a mutual divorce without any undue influence, bribe or fraud.

Procedure for filing a mutual divorce Petition

Now, first of all these are the places which will have jurisdiction over your divorce petition or places you can say where you can file your case

  1. Court where the couple last lived
  2. Court where the couple’s marriage was solemnized
  3. The court in the area where the wife currently resides

 One thing that should be kept in mind is that, the  divorce petition must be filed jointly by the concerned parties, and the notice is served to the family court by both parties.This should also be signed by both the involved parties.

Once you have filed your petition, after there will be a court hearing and inspection, statements will be recorded, after that court will pass the first motion according to which the couple will have to wait for 6 months before they file a second motion. After filing the second motion, there will be a final hearing and then the divorce decree will be passed.

I hope your query is solved.


approach a local lawyer and seeking advise and file a petition before family court

Practicing Advocate

Dear Client, File case for mutual consent u/s 13 b of Hindu Marriage Act.


Adv. Manali  Bhalerao



Hello, Greetings of the day!
A mutual Consent Divorce is when both the husband and wife want to terminate their marriage in a cordial manner. 

For this, there are various conditions should met to file for a mutual divorce that are:-

  • Both husband and wife must live separately for the period of at least one year

  • Both husband and wife feel that they cannot live with each other 

  • Both spouse mutually agree that their marriage has collapsed

  • Both husband and wife agree to comply and file jointly for the mutual divorce without any undue influence, bribe or fraud.

There are different laws in India for Divorce as per the religion:-

  • For Hindus, Jains, Buddhists, and Sikhs – Hindu Marriage Act,1955
  • For Christians —The Indian Christian Marriage Act,1872/ Indian Divorce Act-1869 
  • For Muslims — Personnel laws of Divorce/ Dissolution of Marriage Act,1939/ The Muslim Women (Protection of Rights on Divorce) Act,1986
  • For Parsis – The Parsi Marriage/ Divorce Act-1936
  • For Inter-religion or Inter-caste marriages – Special Marriage Act, 1954.

Procedure for Mutual Divorce:-

Step 1: Filling of Petition for divorce

Step 2: Inspection and Court Hearing

Step 3: Record of Statements 

Step 4: First Motion

Step 5: Second Motion and Final Hearing

Step 6: Final Decree of Divorce: Divorce is Final


For further queries, feel free to post in forums....

Hope it helps


Sneha Jaiswal





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