Mutual Consent Divorce in India is defined as a situation where in both the spouses have mutually and amicably agreed within themselves that they will be no longer living together and that the best way to seek a solution for this is divorce without issuing any allegations against one another in the court of law. In such a scenario, the petition for filing mutual divorce is jointly presented before the court if and only if both the spouses have been:
- Living separately for more than one year,
- Not living together,
- Mutually agreed to dissolve the marriage.
Section 10A of the Divorce Act, 1869 includes provisions for divorce through Mutual consent wherein the separation period is of 2 years.Section 28 of the Special Marriage Act, 1954 includes provisions for divorce by mutual consent. Under Indian Law, Section 13B of the Hindu Marriages Act, 1955 includes provisions for divorce by mutual consent wherein the separation period is of 1 year.
In India, the mutual consent divorce is the quickest way to seek divorce. It saves energy, time and money for both the spouses. Since it is issued mutually, there is no scope of quarrels and situations of creating a mess in public.
The process of Mutual Consent divorce under Indian Law undergoes a series of following steps:
- Filing of joint petition in court duly signed by both spouses,
- Recording of first motion statement of both the spouses and signed before court,
- Reconciliation period of 6 months is granted to the couple,
- Appearing for second session for final verdict (if parties do not reconcile).
Spouses must seek a litigation or family lawyer for getting assistance in Delhi, Mumbai, Chennai, Bangalore, Hyderabad, Pune, Goa, Kolkata, Ahmedabad, Gurgaon or Noida for divorce by mutual consent.