Mutual divorce in India is a legal process where both husband and wife agree to end their marriage amicably. Unlike contested divorce, mutual consent divorce reduces emotional stress, time, and litigation costs. It is governed under Section 13B of the Hindu Marriage Act, Section 28 of the Special Marriage Act, and other personal laws applicable to different religions.
Key Conditions for Mutual Divorce
To file a mutual divorce petition, the following conditions must be satisfied:
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Both parties have been living separately for at least one year.
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They mutually agree that the marriage cannot be reconciled.
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There is a joint decision to dissolve the marriage.
Procedure of Mutual Divorce
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First Motion Petition – A joint petition is filed before the Family Court.
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Cooling-Off Period – A six-month period is granted (can be waived by court in certain cases).
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Second Motion – Both parties confirm consent after the cooling period.
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Final Decree – The court grants a divorce decree legally dissolving the marriage.
Important Aspects
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Settlement of alimony or maintenance
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Child custody and visitation rights
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Division of property and assets
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Withdrawal of pending cases, if any
Mutual divorce is considered a dignified and efficient way to end a marriage when reconciliation is not possible. Seeking professional legal guidance ensures proper documentation, fair settlement, and smooth court proceedings.
