What is the process for mutual divorce?

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.