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Mutual Divorce

Hindu Marriage Act

According to Section 13B of Hindu Marriage Act 1955, divorce by mutual consent, if not withdrawn before six months after its presentation or not later than 18 months, then, the court may, on being satisfied after making an inquiry, grant decree of divorce by mutual consent. The mandatory requirement for Mutual Divorce are as follows:

  • 1. Both the parties are living separately for a period of one year or more.
  • 2. Both the parties are not been able to live together.
  • 3. Both the parties have mutually agreed to dissolve the marriage by presenting Mutual Divorce petiton.

Procedure: Couples should file Mutual divorce petition in the district court (Family Court) along with affidavits. This procedure is also called as "The First Motion". The couples need to appear for after six months which is called as "Second Motion", then, the court may, on being satisfied after making an inquiry, grant decree of divorce by mutual consent.

Muslim Personal Law

Kula and Maturate are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent.

Christian Law - The Indian Divorce Act, 1969

The Section 10A was inserted by the Indian Divorce(Ammendement) Act, 2001.
Ingredients
  1. A petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together,
  2. On the ground that both are living separately for period of 2 years or more,
  3. That hey have not been able to live together
  4. and They have mutually agreed to dissolve the Marriage.

On the motion of the parties made not earlier than 6 months and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties, the Court shall, on being satisfied, may pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

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