Divorce by Mutual Consent in India – Everything you need to know

Last Updated at: November 04, 2019
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Divorce by mutual consent is a simple way to dissolve a marriage legally. Mutual consent is generally defined as both the spouses agreeing for peaceful parting. The major prerequisite for the divorce is mutual consent of both husband and wife. If any of the spouses don’t give their consent they cannot be granted the divorce under mutual consent.

While getting mutual consent divorce husband and wife should reach consensus on alimony or maintenance issues and child custody. According to law, there is no specific limit related to maintenance. It depends on the financial status of both husband and wife and other aspects. Child custody can be worked out effectively between husband and wife by sharing the responsibility between themselves or one spouse looking after the children depending upon the circumstances.

When is the mutual consent divorce filed?

Husband and wife intending to dissolve the marriage legally are expected to wait for a minimum of one year from the date of marriage.

They have to prove that they are not living together for a period of one year or more before the filing of the petition for divorce. They should also show that during this period of separation both of them have not been able to live together as husband and wife.

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Where to file the mutual consent divorce petition?

Divorce petition is filed in the family court of the district where both the husband and wife lived together which was their matrimonial home.

What are the different laws of divorce for different religion in India?

Every religion is governed by different laws related to divorce. Hindus (which includes Sikhs, Jains, Buddhists etc.) are governed by Hindu Marriage Act, 1955. Muslims are governed by The Muslim Women (Protection of Rights on Divorce) Act, 1986 and Personnel laws of Divorce and also the Dissolution of Marriage Act, 1939. Christians are governed by The Indian Christian Marriage Act, 1872 and Indian Divorce Act, 1869. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act, 1936. And there is also another secular law called Special Marriage Act, 1954.

How to file mutual consent divorce petition? What happens in the court?

The mutual consent divorce petition is a form of the affidavit, which is submitted in the family court of the district. Once the petition is filed, both the husband and wife statement is recorded. After that, divorce matter is adjourned for a span of six months.

After six months both husband and wife will have to present themselves again in the family court for making a second motion confirming the mutual consent which is filed earlier. Decree of the divorce is granted by the court only after this second motion. Without confirming the mutual consent in the second motion decree of divorce is not granted.

What if one of the spouses withdraws the mutual consent divorce petition after filing in the family court?

During this span of six months when the divorce petition is pending in the court, any of the spouses is fully authorized to withdraw the mutual consent divorce by filing an application before the court asserting that he/she does not desire to pursue divorce by mutual consent.

In such situations, the court grants no divorce decree.

What can the other spouse do under such situations?

There is no alternative available to the other spouse in such cases other than filing a normal petition for the divorce under the provisions of Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specific grounds such as cruelty, voluntary sexual intercourse with another person, desertion, conversion of religion by the other spouse, the other spouse being of unsound mind, Leprosy, venereal disease, a spouse having abandoned the world or being missing for a period of more than 7 years.

How much span of time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes minimum six months to one year from the date of filing of the petition. It is different from case to case & place to place.

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Divorce by Mutual Consent in India – Everything you need to know

9683

Divorce by mutual consent is a simple way to dissolve a marriage legally. Mutual consent is generally defined as both the spouses agreeing for peaceful parting. The major prerequisite for the divorce is mutual consent of both husband and wife. If any of the spouses don’t give their consent they cannot be granted the divorce under mutual consent.

While getting mutual consent divorce husband and wife should reach consensus on alimony or maintenance issues and child custody. According to law, there is no specific limit related to maintenance. It depends on the financial status of both husband and wife and other aspects. Child custody can be worked out effectively between husband and wife by sharing the responsibility between themselves or one spouse looking after the children depending upon the circumstances.

When is the mutual consent divorce filed?

Husband and wife intending to dissolve the marriage legally are expected to wait for a minimum of one year from the date of marriage.

They have to prove that they are not living together for a period of one year or more before the filing of the petition for divorce. They should also show that during this period of separation both of them have not been able to live together as husband and wife.

Get FREE legal advice now

Where to file the mutual consent divorce petition?

Divorce petition is filed in the family court of the district where both the husband and wife lived together which was their matrimonial home.

What are the different laws of divorce for different religion in India?

Every religion is governed by different laws related to divorce. Hindus (which includes Sikhs, Jains, Buddhists etc.) are governed by Hindu Marriage Act, 1955. Muslims are governed by The Muslim Women (Protection of Rights on Divorce) Act, 1986 and Personnel laws of Divorce and also the Dissolution of Marriage Act, 1939. Christians are governed by The Indian Christian Marriage Act, 1872 and Indian Divorce Act, 1869. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act, 1936. And there is also another secular law called Special Marriage Act, 1954.

How to file mutual consent divorce petition? What happens in the court?

The mutual consent divorce petition is a form of the affidavit, which is submitted in the family court of the district. Once the petition is filed, both the husband and wife statement is recorded. After that, divorce matter is adjourned for a span of six months.

After six months both husband and wife will have to present themselves again in the family court for making a second motion confirming the mutual consent which is filed earlier. Decree of the divorce is granted by the court only after this second motion. Without confirming the mutual consent in the second motion decree of divorce is not granted.

What if one of the spouses withdraws the mutual consent divorce petition after filing in the family court?

During this span of six months when the divorce petition is pending in the court, any of the spouses is fully authorized to withdraw the mutual consent divorce by filing an application before the court asserting that he/she does not desire to pursue divorce by mutual consent.

In such situations, the court grants no divorce decree.

What can the other spouse do under such situations?

There is no alternative available to the other spouse in such cases other than filing a normal petition for the divorce under the provisions of Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specific grounds such as cruelty, voluntary sexual intercourse with another person, desertion, conversion of religion by the other spouse, the other spouse being of unsound mind, Leprosy, venereal disease, a spouse having abandoned the world or being missing for a period of more than 7 years.

How much span of time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes minimum six months to one year from the date of filing of the petition. It is different from case to case & place to place.

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