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Mutual Divorce Laws in India

Section 13B of Hindu Marriage Act, 1955 - Divorce by Mutual Consent

According to Section 13B of Hindu Marriage Act 1955, divorce by mutual consent, if not withdrawn before six months after its presentation or not later than 18 months, then, the court may, on being satisfied after making an inquiry, grant decree of divorce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

Section 10A of The Indian Divorce Act, 1869 - Divorce by Mutual Consent

The Section 10A was inserted by the Indian Divorce(Ammendement) Act, 2001.
  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parties made not earlier than 6 months and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties, the Court shall, on being satisfied, may pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Section 32B of Parsi marriage and Divorce Act - Divorce by Mutual Consent


(1) Subject to the provisions of this Act, a suit for divorce may be filed by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Parsi Marriage and Divorce (Amendment) Act, 1988(5 of 1988), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved:
Provided that no suit under this sub-section shall be filed unless at the date of the filing of the suit one year has lapsed since the date of the marriage.
(2) The Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and the averments in the plaint are true and that the consent of either party to the suit was not obtained by force or fraud, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Section 28 of the Special Marriage Act, 1954 - Divorce by Mutual Consent


(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) 1[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

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