What is the procedure for filing mutual divorce

My brother has been married for 11 months now and willbe completing one year on 11th dec My brother and his wife have agreed upon a mutual divorce. after 11th dec wanted to know if they can file divorce there are any other rules to it.


Since your brother and his wife will complete one year of marriage in December. They are eligible to file for a mutual consent divorce. The procedure for the same is as follows:

Before filing for mutual consent divorce, the couple has to reach an understanding with regard to the terms and conditions of divorce in respect of maintenance amount, child custody, property division, etc. The petition for mutual consent divorce can be filed in the district family court 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 the couple:
  • has been living separately for a period of one year or more,
  • has not been able to live together and
  • has 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

Answers (4)

After the expiry of one year they can file a petition for mutual divorce before the jurisdictional family court. But they need to mention in the petition that they were separated each other 1 year prior or otherwise it will be difficult to obtain the decree.

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U can file after a year but u have to mention that u are residing separately from 1 year. The court will refer the matter to mediation and there u can finish the terms and conditions. Address proof. Marriage invitition andregistration document if any . Contact me for more derails

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Hi if both are going for mutual consent divorce then both of then have together file a Petition for mutual consent divorce, further the case can be filed in December as divorce Petition cannot be filed within one year of marriage, further for mutual consent divorce it requires minimum of 6 months but there is other way out where the divorce can be obtained earlier, for more details you are free to contact.

after completion of One year of marriage they can file divorce petition before the family court, after filing the petition 6 months is waiting period is mandatory, after completion of 6 months court will pass decree of divorce.

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