What is the procedure of divorce with mutual consent


Please tell me exact procedure for divorce with mutual consent. How i can file it. I belongs to hindu community.

Answers (4)


53 votes
If you and your spouse have reached an understanding with regard to the terms and conditions of the 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 for mutual consent divorce 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:
 
  • 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

94 votes

Both of u have to make and joint before court wherein subject matter of jurisdiction lies. It will take max y month to dissolve the marriage forever. U have to file joint petition before family Court.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

206 votes

To file a mutual consent, The first step is to get Settlement agreement made between Husband and wife.
Then as per section 13 H.M.A we file a petition for mutual divorce before Hon'ble court . This is called First motion, hereinafter after 6 months we can file for 2nd motion and get a Divorce.
For more information feel free to contact,
All the best

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
195 votes

For filling a mutual consent divorce you have to prepare one memorandum of settlement with the spouse a d then that MoU has to be attested alongwith witnesses then only you can apply for mutual divorce

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles