Divorce with Mutual Consent

Divorce by Mutual consent saves time, money and energy for both. It leaves no room for unnecessary quarrel and most importantly avoids washing your dirty linen in public.

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

In the family court of the city/district were both the partners lived together for the last time.

After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

During the period of 6 months when the petition is pending in the court, any of the parties is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent. In such circumstances, the court grants no divorce decree.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Remarriage without a divorce is a punishable offence with seven years imprisonment.

Depending on the nature of decree, after the expiry of three months from the date of decree, if no notice of appeal is received by the person remarrying from the other person.

The period mentioned in Section 13B(2) is not mandatory but directory, it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation.

NRIs/non Indian couples who got married in India can file for a mutual divorce in India. The couple can also file a divorce petition in a foreign country, under the laws of that country in which the couple resides, but the decree passed by foreign courts should not be inconclusive of Sec 13 of the Civil Procedure Code, 1908. Hence, it is subject to discretion of the Indian Courts, if challenged otherwise.