What is the process for mutual divorce?


i got married in 2013. Me n my wife was not living together since marriage. As it was inter cast marriage , me n my wife now thiking to take divorce. How much time it will take? what is the process? is it necessary to be present by both while filing the petition with the help of lawyer? pls guide.

Answers (2)


360 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.

Divorce with Mutual Consent Service Package by LawRato gets you leading divorce lawyers to handle all the legal proceedings for you and hence you can have a peaceful separation!

Learn what is the procedure for divorce without mutual consent in India with the help of this Divorce Law Guide

68 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.

Divorce with Mutual Consent Service Package by LawRato gets you leading divorce lawyers to handle all the legal proceedings for you and hence you can have a peaceful separation!

Learn what is the procedure for divorce without mutual consent in India with the help of this Divorce Law Guide


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