Mutual Consent Divorce by Advocate Deepti Dogra

A mutual consent divorce is a form of legal separation, where the couple peacefully agrees to dissolve their marriage which they both believe cannot be continued. The couple mutually agrees that their marriage was consensual and so is the divorce. The Hindu Marriage Act, 1955, legalizes the mutual consent divorce if all the required conditions are fulfilled and the couple has already decided upon matters like alimony and custody if they have any children.

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The couple can file a mutual consent divorce under the provisions of the Hindu Marriage Act,1955, section 13B, the court can grant the divorce if it feels that all the conditions are met and the marriage has no future.

The provisions are as follows:

1. The couple are not on good terms to be able to live under the same roof

2. Both the spouses have been living separately for more than one year

3. They have both mutually agreed to dissolve the marriage.

4. They have already decided upon the matters like child custody maintenance allowance alimony.

Steps to Follow for Mutual Consent Divorce

The couple seeking a mutual consent divorce can follow the steps stated below and can get one from the court:

1. First of all the couple can go to a court, they can go to the family court or to the district court in the locality they both lived together or the locality of their matrimonial home, to file the petition.

2. The couple can hire a mutual consent lawyer, which would approximately cost Rs. 25,000 to Rs. 75,000. If they choose to file a petition on their own, then it can be relatively cheap.

3. The couple in order to file a petition must be living separately for more than a year. The couple needs to file a statement.

4. In the case of the absence of any party to present their statements then any family member can present the statement on the behalf of the parties through the lawyer or the councilor.

5. This is known as the first motion after which the court is adjourned for 6 months. This period of adjournment is generally known as the cooling period. It is given by the court so that the couple can rethink the matter and if any one of them wishes to withdraw the petition can do so stating their unwillingness to the court for the mutual consent divorce.

6. This cooling-off period is given by the court, to prevent any hasty decision made by the couple on a whim or in the moment of anger. If the court feels that there are chances of no reconciliation then it can drop the cooling-off period. This completely depends upon the discretion of the court.

7. The couple is required to agree upon matters like maintenance issues, child custody, and alimony. In the case of alimony, there is no such requirement of a fixed amount to be given, the allowance can be given on a monthly or annually basis. It can be given by the husband to the wife or by the wife to the husband as the case may be.

8. The custody of the child/children is decided upon the basis of the interest of the child. Now a day's joint custody is a good option. Here the legal custody lies with both the parents only the physical custody is given to one of the two.

9. After the cooling period, the second motion takes place. Both the parties need to appear in front of the court and record their statements once again. After which the final hearing.

10. The court after hearing the statements gives the final decree. If the court is satisfied with the statements and is assured that both the parties have consented to the divorce it approves the petition.

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Documents Required for Mutual Consent Divorce

A couple filing the mutual consent divorce needs to have the following documents along with the proof of their separation period.

1. The very first document is the marriage certificate, which is needed to file the divorce.

2. The couple needs address proof, both the husband and the wife need to submit the proof.

3. The next document is the proof of their marriage: a minimum of four photographs of marriage

4. The three years income tax statement.

5. All the documents and details of the property and assets owned by both.

6. The documents give the details of the profession and income statement, from both.

7. The information of both the families.

8. Evidence backing up the claims that the couple was unable to reconcile.

After the documents are ready for submission, the couple can file the petition for divorce. Then the above-stated process takes place. If one of the two spouses withdraws the mutual consent divorce then the other one needs to file a normal divorce petition on the provisions of cruelty desertion, conversion of religion, leprosy, missing spouse more than seven years, or the spouse who has renounced the world as per the section 13 of the Hindu act 1955.

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Mutual Consent Divorce FAQ

1. How long does it take to get a divorce on mutual consent?

It takes a minimum of 6 months to get mutual consent divorce. The petitioner can file a second motion between six months and the 18th month from the date of filing of the first petition. 2. What are the conditions for mutual divorce?

• The couple are not on good terms to be able to live under the same roof

• Both the spouses have been living separately for more than one year

• They have both mutually agreed to dissolve the marriage.

• They have already decided upon the matters like child custody maintenance allowance alimony.

3. Can mutual consent divorce be withdrawn?

The divorce by mutual consent can be withdrawn either by the wife or the husband after 18 months of the stipulated 18-month period. A decree for divorce cannot be granted as held by the Supreme Court. 4. Is alimony mandatory in mutual divorce?

It is not mandatory by law that a husband has to provide alimony to the wife and vice versa. The courts do not interfere after the couple has decided alimony under mutual understanding and the couple can also walk out of the marriage without maintenance under mutual consent.

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5. How much does it cost to get a Mutual Consent Divorce?

Generally, the fees for filing a mutual divorce case are not much. The fees for divorce is basically charged by a lawyer which can range from INR 15,000 & ndash 30,000. The various fees charged during the process of mutual divorce are as follows:

• Consultation fees

• Jurisdiction Fees

• Appearance Fees

• Drafting Fees

6. What are the advantages of a Mutual Consent Divorce?

Mutual Consent Divorce is time-saving as it avoids unnecessary quarrels and also saves lots of money. There are thousands of cases pending in the courts and this type of divorce helps to come to a decision quickly.

Advocate Deepti Dogra

4.9 | 50+ user ratings
Pitampura, Delhi
17 years

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