If a couple cannot get well along together and have decided that they cannot stay together, then to avoid the putting allegations on each other for a divorce both parties have decided to divorce by mutual consent. If not, they have to spend their life full of compromises or go through the painful process of fighting for divorce with false allegations.

Under the Section 13-B of the Hindu Marriage Act, 1955 spouses have been given an authority to get their marriage to dissolve in an amicable manner, with no party opposing this.

There are certain requirements or conditions have to be fulfilled for section 13B of Hindu Marriage Act

• Both the parties have been living separately for a period of one year or more.
• They have not been able to live together.
• Both husband and wife have agreed to dissolve their marriage.

Where the aforesaid conditions are satisfied, then both parties can file a joint petition (signed by both parties) before the District Court at the place where their marriage was solemnized or where they have been living together.

Advantages of Mutual Consent Divorce :

• Mutual consent divorce saves money and energy for both parties because of the less involvement of advocate.
• Mutual consent divorce process is straightforward, so less time is used. It might be one year or under one year which is very less as compared to 3-5 years for a contested divorce.
• One more advantage of mutual divorce is that there is no need to make allegation so there is no room for unnecessary quarrel and social embarrassment.
• Most convenient and easiest method of ending the marriage.
• The couple can focus on moving on in their personal lives, rather than on litigation.

Where to file for Mutual Consent Divorce

An application or formal written request for mutual consent divorce is called a petition. A petition for mutual consent divorce can be filed at a family court which is located at any of these places.

• At a place where marriage has taken place

• At the place where the wife resides at the time of filing for the petition.

• At a place where both husband and wife last resided together.

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Procedures for Mutual Consent Divorce

A couple can file for divorce by mutual consent, is initiated by filing a petition which is known as First Motion Petition for mutual consent divorce, supported by affidavits from both parties, in the District Court. Also a joint statement by both partner that they can no longer live together and should be granted a divorce by the court.

After six months, the Second Motion Petition should be filed by both parties and they are supposed to appear in court. Court provides six month time to reconsider their decision of dissolving the marriage. If the couple withdraws their divorce petition within 18 months of the first petition, the court will initiate the inquiry.

Documents Required

• Marriage proof
• Details about the family background of the petitioner.
• Information related to petitioner’s profession.
• Property and asset details owned by the petitioner.
• Income tax statements for the past 3 years

In the petition for divorce by mutual consent below are some facts to be mutually agreed upon :

There are lots of issues that may come when both parties have mutually decided to end their marriage. For instance, litigation expenses, child care, return of dowry items, alimony to wife etc.

• Alimony or Maintenance : When one party supports another party financial. This can be a one time payment or periodic payment for certain duration of time. (lump sum maintenance to be decided between both parties).

• Custody of child:If the child is minor, the parties can decide the parent with whom the child would stay after the divorce. The other party can have visitation rights to meet their children as per pre decided schedule. The parents can also agree upon the financial provision for child’s education and care.

• Returns of Items or property ( dowry, stridhan) etc: Items such as dowry (money or property brought by wife to her husband at the time of wedding) and stridhan ( voluntary items given to women before or after marriage) are to be returned to the wife.

• Withdrawal of litigation :In this case, if one party has filed any police complaints or court cases against the other, relating to their marriage, the same are clarified to withdrawn. Just because this is a divorce with mutual consent therefore, no legal issue should be pending between the couple after the divorce is finalised.

Mutual Consent Divorce Between Hindu Couple

Mutual consent divorce comes under the Hindu Marriage Act, 1955, under section 13B. According to this act, A petition for dissolution of marriage by a decree of divorce has to present to the district court by both the parties, on the ground that have been living separately for a period of one or more than one year, they have not been able to live together anymore, also that they have mutually agreed to dissolve their marriage.

Mutual Consent Divorce Between Muslim Couple

Khula : A Muslim woman can file for divorce if she is not willing to live with her husband even where he is not at fault. They can dissolve their marriage through mutual consent called Khula. The wife may agree to relinquish her dowry amount or any other benefit that may be agreed upon them.

Once a khulla has been accepted by husband or husband gives his consent, husband has no power of cancelling on the ground that the consideration has not been paid.

Mubarat : When both parties desire a divorce. According to mubarat the offer may be husband’s side or from the side of wife, when an offer is accepted, it becomes an irrevocable divorce.