When both spouses agree that the marriage cannot continue, a mutual consent divorce is usually the quickest and least stressful option.
Who can apply
Under Section 13B of the Hindu Marriage Act (or Section 28 of the Special Marriage Act), both spouses must have lived separately for at least one year and must both agree that they cannot live together.
The procedure
- Settlement: both sides agree on alimony, istridhan and belongings, child custody and withdrawal of other cases.
- First motion: a joint petition is filed in the family court and both spouses record their statements.
- Waiting period: the law provides a six-month period before the second motion. The court can waive this in suitable cases.
- Second motion: both spouses confirm their consent, and the court grants the decree of divorce.
The mutual divorce agreement
The settlement should be clear and complete: the amount and schedule of any payment, custody and visitation of children, return of articles, and the cases to be withdrawn. A vague agreement can lead to fresh disputes later.
Can consent be withdrawn?
Yes. Either spouse can withdraw consent before the decree is passed, which is why a well-drafted settlement matters.
If one spouse lives abroad
An NRI spouse can be represented through a power of attorney, and many courts allow appearance by video-conference.
See our divorce lawyer page for more.
Need help with your case? Speak to Advocate Lovkesh Gupta on +91 94635 57231 or WhatsApp.