A mutual consent divorce is one of the most efficient and less traumatic ways to end a marriage in India. Under Section 13B of the Hindu Marriage Act, 1955, both parties can jointly file for divorce if they have been living separately for a period of one year or more.
Key Requirements
- Separation: The parties must have lived separately for at least one year.
- Mutual Agreement: Both husband and wife must agree that the marriage has broken down irretrievably.
- Resolution of Issues: It is highly recommended that issues like alimony, child custody, and division of assets are settled before filing the petition.
The Timeline
- First Motion: The joint petition is filed in the Family Court.
- Waiting Period: A mandatory waiting period of 6 months (which can sometimes be waived by the court) is required.
- Second Motion: After the waiting period, parties appear again to confirm their decision.
- Decree of Divorce: If the court is satisfied, it grants a decree of divorce.
At Suman & Co., we specialize in helping families navigate these sensitive transitions with compassion and legal precision.
Adv. Suman Suresh
Adv. Suman Suresh is a dedicated legal professional in Bengaluru with expertise in handling complex civil, criminal, and family law matters. He is committed to providing justice and strategic legal solutions to his clients.