Introduction: – A mutual consent divorce between Hindu couple is governed by Hindu law (Hindu marriage Act 1955) under section 13B.
Section 13B states that a petition for dissolution of marriage may presented by both parties before District court If they are living separately for a period of one or more than one year as they have not been able to cohabitate owning to personal differences and that they have mutually agreed that their marriage should be dissolved.
As per section 13B of Hindu marriage act 1955
- Husband and wife have been living separately for a period of one year or more,
- That they are unable to live together
- They are somehow living together under one roof but owning to personal differences and bitterness in relationship, didn’t have sex for more than a year
- And that both husband and wife have mutually agreed that marriage has totally collapsed, hence marriage should be dissolved.
Under these circumstances a divorce by mutual consent can be filed.
- A petition should jointly be presented before the court.
- Both parties have freely consented for dissolution of marriage.
- The court must be satisfied to the statements made in the petition after making inquiry and hearing the parties.
Statutory law references-
- Section 13B of the HMA Act 1955 provides for divorce by mutual consent. period of separation is 1 year)
- Section 28 of the Special Marriage Act, 1954 provides for divorce by mutual consent.
- Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)
- Soni Kumari Vs. Deepak Kumar 2016(1)RCR(Civil)52 (Supreme court)
- Devinder Singh Narula Vs. Meenakshi Nangia 2012(4)RCR(Civil)235 (Supreme court)
- Anil Kumar Jain v. Maya Jain 2009 ( 4 ) RCR (Civil) 309 (Supreme court)
- Kiran v. Sharad Dutt JT 2000 ( 1 ) SC 532 (Supreme court)
- Share all the facts related to the marriage with lawyer.
- Share every document/evidence related to the marriage with your lawyer.
- Provide details of ‘Streedhan’ , how parties are going to settle it, If already agreed else take help from Lawyer
- Discuss and settle the important issues such as Alimony amount, child custody and children maintenance before your file for a mutual consent divorce.-IMPORTANT
- Create MoA (Memorandum of Agreement) along with your spouse and append it with your divorce application.