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Kum7kumarr (learning)     01 January 2022


Does section 31 of maharastra family court rules gives divorce decree even without filing 13 b mutual consent and only with consnet terms,


 3 Replies

Anaita Vas   08 January 2022

According to Section 31 of the Hindu Marriage Act, 1955, without prejudice to any jurisdiction exercisable by the court under sub-section (1), the district court may, by virtue of this sub-section, entertain a petition by a wife domiciled in the territories to which this Act extends for nullity of marriage or for divorce if she is resident in the said territories and has been ordinarily resident therein for a period of three years immediately preceding the presentation of the petition and the husband is not resident in the said territories.

Section 13B in The Hindu Marriage Act, 1955

13B Divorce by mutual consent.

Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976)*, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.



Anaita Vas


Megha   08 January 2022

Dear learned member,

Thank you for your response. 

Could you also please share a relevant judicial decision for the same?  Thanks in advance.

Best regards

Anaita Vas   08 January 2022

Section 31 of the Maharashtra Family Court states that 

Settlement before Counsellor.- When the parties arrive at a settlement before the counsellor relating to the dispute or any part thereof such settlement shall be reduced to writing and shall be signed by the parties and countersigned by the counsellor. The Court shall pronounce a decree or order in terms thereof unless the Court considers the terms of the settlement unconscionable or unlawful or contrary to public policy.

Thus both parties need to be signatories to a written statement where it is mentioned that the divorce is mutual in nature.



Anaita Vas

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