What is Divorce by mutual consent?
Divorce by Mutual Consent means when both the
parties that is the husband and wife do not wish to contest the divorce in
court and jointly file a petition before the court agreeing upon certain
conditions and terms between them. Divorce by mutual consent is the easiest and
fastest way of getting divorce in India. The Conditions required under
section 13B Hindu Marriage Act for divorce by mutual consent 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.
(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.
What is the Procedure for divorce by mutual consent?
The following is the procedure for divorce by mutual
consent:
- Both
Parties ie Husband and Wife have to reach to Mutual understanding and
agreement regarding terms and conditions for Divorce.
- On
the basis of settlement and agreement, petition for Mutual Consent is
drafted. Under Hindu Marriages, such Petition is filed under section 13 B
of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the
Indian Divorce Act. Under secular or civil marriages, section 28 of the
Special Marriage Act.
- Divorce
Petition will be drafted which will include terms of settlement agreed
between parties.
- Such
Mutual Consent Divorce Petition shall be filed in the Court as court
procedure.
- Matter
will come up for hearing in the Court and generally parties have to be
present before the Court and their statement is recorded.
- After
recording of statements, First Motion will be passed.
- Court
gives six months time to parties to reconsider their decision. This is
called cooling period generally.
- Second
Motion is set up.
- Aforesaid
steps shall be repeated. Statement of parties will be recorded again.
- After
such recording of statement, Court will grant pass order and judgement, decree
for divorce is granted.
What are the tentative list of settlement terms that
can be incorporated in a mutual consent divorce ?
Firstly: Custody of child;
Secondly: Alimony (lump sum maintenance to be decided between parties);
Thirdly: Returns of items (dowry, streedhan, etc); and
Fourthly: Litigation expenses.
Secondly: Alimony (lump sum maintenance to be decided between parties);
Thirdly: Returns of items (dowry, streedhan, etc); and
Fourthly: Litigation expenses.
ReplyDeleteDivorce by mutual consent is much like how Rockpoint Probate Funding helps heirs move forward without unnecessary conflict or delay. When both husband and wife agree that the marriage has irretrievably broken down, they jointly approach the court—just as all beneficiaries align in probate—to settle terms smoothly and efficiently. Under Section 13B of the Hindu Marriage Act, living separately for over a year, being unable to live together, and mutually agreeing to dissolve the marriage ensures the process remains straightforward, dignified, and time-saving. Like probate funding that avoids prolonged legal battles, mutual consent divorce focuses on resolution rather than dispute, making it the fastest and least stressful path to closure.