What is divorce by mutual consent?

Divorce by Mutual Consent, as the name suggests, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, then such a Divorce petition presented jointly before the honourable court, is known as mutual consent Divorce.

It is the quickest form of divorce in India.

Requirements to be complied with for a Mutual Divorce are:

(a) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(b) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.

(c) The parties have freely consented to the agreement of dissolution of marriage.

(d) The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instance of one party in course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred.
 

Process of Mutual Divorce:

In all there are two court appearances in a mutual divorce:

First A joint petition signed by both parties is filed in the concerned family court. The mutual consent divorce petition should contain a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce. This statement also has the agreement to split the assets, custody of children, etc.

Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.

Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)

Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.

If the second motion is not made within the period of 18 months, then the court is not bound to pass a decree of divorce by mutual consent. Besides, from the language of the section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties. In other words, unless there is a complete agreement between husband and wife for the dissolution of the marriage and unless the court is completely satisfied, it cannot grant a decree for divorce by mutual consent.

Finally Divorce decree will be granted as the Hon'ble Court may deem fit.
 

Advantage of Mutual Consent Divorce

Divorce By Mutual consent saves time, money and energy for both the spouses, leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public.

With the increasing number of Divorce applications being filed and the demand for quick divorce increasing, Mutual consent divorce is the best option.

Mutual Consent Divorce between Hindu Couple - Governed by Hindu Marriage Act, 1955

Mutual Consent Divorce between Hindu Couple is governed by The Hindu Marriage Act, 1955, under Section l3B.

Which states that.- A petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, 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.

Secondly 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 18 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 decree.