Taher Machkuri 12 March 2020

which section of mutual divorce

please explain the mutual divorce

Quick Summary

This discussion explains mutual divorce under Indian law, specifically referencing Section 13B of the Hindu Marriage Act, 1955. It outlines the key conditions required, such as living separately for at least a year and mutual agreement that the marriage has irretrievably broken down. The post also details the appropriate courts for filing a divorce petition, including where the couple last resided, where the marriage took place, or where the wife currently lives.

2 Replies

Real Soul.... (LEGAL) 12 March 2020

Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13.

Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent.

The conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more.

(ii) That they are unable to live together.

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed.

As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition.

Where to file a divorce petition:

1. The court can be one where couple seeking divorce last lived.

2. The court can be one where the marriage was solemnized.

3. The court can be one where the wife is residing as of present