All you need to know about Mutual Consent Divorce in India

In a divorce by mutual consent, both the parties are agreed to take a divorce mutually and dissolving their marriage due to irreconcilable differences. In this article, we have covered the concept of mutual divorce under the Hindu Marriage Act along with the procedure and mandatory provisions for mutual divorce. To know more, please read the blog!

What is Divorce by mutual consent? 

In India, It is very easy to end/dissolve a marriage legally. The main pre-requirements for the divorce is the mutual consent of both the spouses. As if any of the party doesn’t give his/her consent for the divorce in that case, divorce will not be granted. Hence, when the parties are doing mutual divorce by consent, they both should reach consensus on maintenance, alimony and the custody of a child.

Divorce under Hindu Marriage Act, 1955.

Under the Hindu Marriage Act 1955, it is provided that both the spouses or husband and the wife have a full-fledged right to dissolve their marriage by a decree of divorce on more than one ground which is specifically given in Section 13 of the Act.

Mandatory Requirements for mutual divorce under the Hindu Marriage Act, 1955.

1. Both the Husband and wife must have been living separately for a period of one year or more.

2. Both the Husband and wife have failed and are not able to find any reason whatsoever to live together.  

3. Both the spouses/parties have given their free consent to the agreement of termination of the marriage.

On the basis of the above-mentioned circumstances, a Divorce by Mutual consent can be filed.

What is the Procedure for divorce by Mutual Consent in India?

1. Filing the Petition- Your counsel/lawyers will have to file the petition for divorce at one of the following locations:

·   Where both the spouses last lived together.  

·   Where the husband and wife were married.

·   Or where the wife presently resides. 

2. Grant of First Motion- Since the two parties have already filed the petition, now their statements will be recorded in the presence of the judge. So, the parties have to state that they agree to the divorce freely and will also have to state the terms on which they have agreed to dissolve their marriage (maintenance, custody, etc).

3. Cooling-off Period- Both the parties are expected to try settlement among them and must wait at least six months before they can approach the courts once again with the second motion. As if any of the parties declares to the court that the other spouse was not cooperative enough in reconciling, then the court may disallow divorce with mutual consent. 

4. Second Motion- After the completion of six months and up to the period of eighteen months, the couple can anytime file the second motion and the judge will immediately dissolve the marriage.

Cost of Divorce in India

It is problematic to get the actual cost of a divorce in India because it completely depends on a number of factors that are required in divorce, including lawyer’s fees. However, most divorces tend to cost Rs. 10,000 to Rs. 100,000 in India.

Hiring a legal attorney –

For getting a divorce, you will have to hire a lawyer who is going to act as your legal advisor in the whole process of divorce. Your lawyer should have the following:

a) Experience: Your lawyer must be experienced enough to handle your divorce case delicately and competently.

b) Interest: Your lawyer should take interest in your case and he/she must give a considerable amount of time to implement all the legal proceedings of your divorce.

When can I marry after divorce?

You can remarry after three months from the date of the decision of divorce which is issued by the respective court.

The author of this blog is Adv. Prema K. having an experience of 17+ years in handling Divorce related matters from her experience she wants to share this beneficial information for the individuals having any issues with respect to Divorce related matters.