Divorce by mutual consent under Hindu Marriage act

Yes, you both can file for a mutual consent divorce as per Sec 13B of the Hindu Marriage Act.

But before filing for a divorce, you and your spouse should reach an understanding with regard to the terms and conditions of divorce in respect of maintenance amount, child custody, property division, etc., you can file a petition for mutual consent divorce in the district family court.The petition shall be drafted based on the terms and conditions decided between the two of you.

Petition for mutual consent divorce can be filed at any of the following places:-
 

•    Place where marriage had taken place
•    Place where husband and wife last resided together.
•    Place where the wife is residing at the time of filing of the petition.

As per the Hindu Marriage Act, such petition can be moved jointly by both the parties under Section 13B of the Act on the grounds that you and your spouse:
 

•    have been living separately for a period of one year or more,
•    have not been able to live together and
•    have mutually agreed that the marriage should be dissolved.

The Court shall then record the joint statement of the parties and pass a first motion order giving a time period of 6 months to the parties to resolve their dispute, but in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of divorce.