What is the process for mutual divorce?

156 votes

Section 13B of the HMA Act 1955 provides for divorce by mutual consent.(period of separation is 1 year)

Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.

Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)

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.

Divorce by Mutual Consent is as the name suggests is when both parties i.e. husband and wife come to a mutual understanding that the marriage be dissolved amicably.
 

How does it work:

A joint petition signed by both parties is filed in court .

In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.
The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind).

After 6 months or at the end of the reconcile period, if both parties still do not wish to come together. Then the parties may appear for the second motion or the final hearing.

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

The above mentioned procedure is faster and takes only 6 to 8 months for completion. However, if the parties does not agree then you will have to file a contested divorce depending on facts and circumstances of the case.

LawRato LawRato

893 votes

Sir,
For filing mutual consent divorce both parties presence is required on the date of filing as well as on final day. After filing petite 6 months period is required to get final verdict. Evidence of parties n relatives are required n other documents regarding marriage.
Terns n conditions of mutual divorce are to be finalized between parties with help of Advocate.
Regards

Pramod Kale

LawRato LawRato

961 votes

8 to 10 months will be required for divorce. It is necessary for both to remain present for filing petition. Counseling will be done and then after 6 months decree for divorce will be passed by the court.

LawRato LawRato

693 votes

Both can file divorce petition by mutual consent before the concerned court. It will take minimum 6/12 months to get the divorce decree. For filing the same presence of you both is must. Both need to file affidavits and other relevant documents.

Advocate Sagar Kothari LawRato

406 votes

The Divorce Petition that will be prepared will include the terms of settlement which have been agreed upon between the parties. As part of the court process, a Mutual Consent Divorce petition will be filed. The matter will be heard in Court. Parties are required to appear before the Court, and their statements are recorded.

Advocate Chikirsha Mohanty LawRato