Mutual Consent Divorce

Marriage’s in India were earlier used to be considered sacrosanct which are not to be broken at any cost. There was a well established custom where the mother of the bride used to always remind her daughter that “From her home, she leaves in a palanquin; from her in-laws’ house, she departs on a bier”. With time, the custom’s changed as the way of life, opportunities, economic freedom, education, awareness grew in the society.

Divorce became an increasing reality due to various known reasons and with increasing dispute’s in marriages in India, Section 13B was introduced to the Hindu Marriage Act for Divorce by Mutual Consent in 1976.

Lets understand Divorce by Mutual Consent in Detail, its process, eligibility, conditions, benefits and everything which needs to be known.

What is Mutual Consent Divorce ?

Mutual consent divorce is a provision under Section 13B of the Hindu Marriage Act, 1955, and other laws governing marriages in India, such as:

The Special Marriage Act, 1954, for inter-religious and civil marriages.
The Parsi Marriage and Divorce Act, 1936, for Parsis.
The Indian Divorce Act, 1869, for Christians.

This type of divorce requires both spouses to agree that their marriage is beyond repair and that separation is in their best interests.

Conditions for Filing a Mutual Consent Divorce

For a couple to file for divorce by mutual consent, the following conditions must be met:

Separation Period: The couple must live separately for at least one year (as per Hindu Marriage Act) or two years (as per the Indian Divorce Act) before filing the petition for dissolution of marriage by a decree of divorce.
Mutual Agreement: Both parties must consent to the divorce (i.e to dissolve the marriage) without coercion or undue influence.
Irretrievable Breakdown: That, they have not been able to live together. The marriage must have broken down irretrievably, with no scope for reconciliation.

Procedure for Filing Mutual Consent Divorce

Joint Petition:
Both spouses file a joint petition in the family court of their jurisdiction i.e in case of Jaipur it is to be filed before the family court in Jaipur with the help of a Divorce Lawyer, detailing the reasons for divorce and the terms of separation (custody, maintenance, property division, etc.).
First Motion Hearing:
During the first hearing, the court records statements from both parties. If satisfied, a six-month waiting period (cooling-off period) is granted for reconciliation
Second Motion of both the parties:
After 6 months of filing of the petition and not later than 18 months, a motion needs to be made by both spouses before the court.
Decree:
On the motion of both the parties as mentioned in point 2 above, the court on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, pass a decree of divorce.

Key Aspects to Discuss Before Filing

Child Custody: Both parents must decide on the custody arrangement, whether sole or joint.
Alimony/Maintenance: The couple should agree on whether spousal support will be provided and its terms.
Division of Assets: Property, savings, and liabilities must be divided mutually.
Miscellaneous Agreements: Any other issues, such as relocation or the use of family names, should also be resolved.

Advantages of Mutual Consent Divorce

Time-Saving: Compared to contested divorces, this process is faster and less complicated.
Cost-Effective: It reduces legal expenses by avoiding prolonged court battles.
Amicable Resolution: It encourages cooperation and reduces emotional stress.
Privacy: As disputes are minimal, personal matters are less likely to be publicly scrutinized.

Common Questions

What happens if one spouse changes their mind during the process?

If one party withdraws their consent at any stage, the divorce process cannot proceed. The other party may file for contested divorce if required.

Can the six-month waiting period be waived?

Yes, the Supreme Court has allowed courts to waive the cooling-off period if the couple demonstrates that reconciliation is impossible.

Is mutual consent divorce valid for all religions in India?

Yes, specific laws exist for Hindus, Muslims, Christians, Parsis, and others, allowing mutual consent divorce. The given blog is written in the context of the Hindu Marriage only. The laws may be different for different religions.

Conclusion

Mutual consent divorce is an efficient and respectful way for couples in India to dissolve their marriage when reconciliation isn’t possible. By ensuring mutual agreement on all matters, the process reduces legal complexities and emotional strain.

If you’re considering mutual consent divorce, consult a qualified family lawyer and divorce lawyer to understand your rights and responsibilities. Remember, parting ways amicably today can pave the way for a peaceful tomorrow.