Procedure to get a Decree of Mutual Divorce in India

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Procedure to get a Decree of Mutual Divorce in India

Procedure to get a Decree of Mutual Divorce in India

Meaning?

As the name suggests, when both the parties seek separation mutually and decides to end their wedlock/ marriage without any force, fraud or coercion then it is called taking divorce mutually.

Provisions.

If both the parties are Hindu, then under section 13B of the Hindu Marriage Act, 1955 both the parties can file a petition in the court.

Under this act, Both husband and wife have been given a right to get their marriage dissolved.

Similar provisions are given under Section 28 of Special marriage Act, 1954 and Section 10A of the Divorce Act, 1869.

Purpose and Requirement.

The main purpose of these provisions is that if parties after thorough consideration decided that it would be in their interest to live separately and there is not scope of re conciliation or their is irretrievable breakdown of marriage then courts should also facilitate the same subject to fulfillment of certain requirements:

1) That parties are living separately for a period of more than 1 year.
2) That both the parties have accepted that there is no scope of conciliation and have decided to live separately by their own will and consent.

Petition whereto file?

A petition can be filed in a district court by both the parties on the ground of mutual consent to divorce and it can be filed in the court where the couple last lived or where the marriage was solemnized or where the wife is residing.

Process:

1) A petition praying mutual divorce shall be filed in district court and jurisdiction can be ascertained as above mentioned.
2) When it is presented, the Hon’ble Court ascertains the averments made in the petitions and makes sure that the decision is out of their own will and not by coercion, threat or fraud.
3) After examining the petitioners, court grants time to both the parties to file second motion after 6 months but not later than 18 months.
4) This period is called cooling period and generally grants to rethink their decision and to give parties time so that a relation can be saved if it taken by impulsive decision. However, this cooling period is not mandatory if both the parties have decided with clear mind.
5) Decree be granted if the petition is not withdrawn and on the moving of second motion. The divorce is final after the court granted the decree.