Kamal & Co. Advocates

Follow us on :

Divorce by Mutual Consent

Divorce can now also be obtained by mutual consent of the parties to marriage under the marriage law Act 1976. Mutual consent divorce, also known as uncontested divorce, is a type of divorce where both spouses agree to end their marriage without any conflict. In India, mutual consent divorce is governed by the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. To file for mutual consent divorce in India, both spouses must mutually agree to end the marriage, and they need to jointly file a petition for divorce before the appropriate court. The spouses must satisfy the court that they have been living separately for a specified period and have not been able to live together. Divorce by mutual consent under Hindu law, as stipulated by Section 13B of the Hindu Marriage Act, 1955, offers a streamlined and amicable process for couples seeking to dissolve their marriage. This provision emphasises the mutual agreement of both spouses to part ways, facilitating a smoother and less contentious dissolution of their marital relationship. “According to section 13-B(1) such a petition is required to be moved jointly by the parties to marriage on the ground that they have been living separately for a period of one year or more and they have not been able to live together and also that they have agreed that the marriage should be dissolved” Essentials of divorce by mutual consent:-

  • That both the parties have been living separately for a period of one year or more
  • That both the parties have not been able to live together
  • That both the parties have mutually agreed that their marriage should be dissolved.

“According to section 23(1)(bb) of the Act, the consent for petition of divorce by mutual consent must not be obtained by force, fraud or undue influence. If this elements are found in the agreement, the application will be rejected by the court.” Mutual consent divorce can be a more amicable and less contentious way to end a marriage compared to a contested divorce. It allows both parties to work together to reach an agreement on important issues, which can lead to a faster and less emotionally draining process and also cost effective. However, it’s crucial for both parties to approach mutual consent divorce with honesty, transparency and cooperation. Communication is key in ensuring both spouses are satisfied with the terms of the divorce settlement. Seeking legal advice to understand the rights and obligations can also help navigate the process smoothly. Overall, mutual consent divorce can offer a more peaceful and cooperative way to dissolve a marriage. In conclusion Mutual consent divorce offers a peaceful way for couples to end their marriage by agreeing on the terms together. It’s like a friendly agreement to separate without fighting in court. This approach helps both people move on with less stress and hurt feelings. Overall, it’s a positive way to handle the end of a marriage with respect and understanding.