Mutual Consent Divorce


Divorce by Mutual Consent is the simplest and easiest way of dissolving the marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

  • Both Parties i.e. Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
  • On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
  • Divorce Petition will be drafted which will include terms of settlement agreed between parties.
  • Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
  • Matter will come up for hearing in the Court and generally, parties have to be present before the Court and their statement is recorded.
  • After the recording of statements, First Motion will be passed.
  • Court gives six months time to parties to reconsider their decision. This is called cooling period generally.
  • Second Motion is set up.
  • Aforesaid steps shall be repeated. Statement of parties will be recorded again.
  • After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.

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