What is the procedure for mutual divorce?


Hi, I have a query for my friend who got married 2 yrs back.however both parties are not happy with each other wants to end their marriage mutually. Please tell us the procedure asap.

Answers (1)


475 votes

Assuming your friends are Hindus, Mutual Divorce is recognized under Section 13B of the Hindu Marriage Act.

Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they:
 

  • 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 of 6 months to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So, therefore, divorce by mutual consent takes about 6-7 months.

The general rule in mutual consent divorce is that it is filed by both parties jointly and their statement is recorded in the court which is signed by both the parties in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition is filed also called first motion and after 6 months, which is referred as second motion. 

After this process is complete, the Judge is satisfied with the consent given by both the parties for divorce and all the terms and conditions like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties are decided mutually between the parties, divorce is granted. 

You should enter into a Settlement Agreement with your spouse with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post-divorce, that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this agreement signed by 2 witnesses.


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