Under the Hindu Marriage Act, Mutual divorce is governed by Section 13-B. As the name suggests, in mutual divorce, both the parties i.e. husband and wife mutually agree and express their consent for peaceful separation. There are only two requirements for filing a mutual divorce, one is mutual consent and the other is that they have to live separately for at least one year.
The conditions for Mutual Divorce under section 13B of the Hindu Marriage Act are as follows:
Step-by-step procedure to file a mutual divorce in India
First, a joint petition needs to be filed at the relevant family court. This joint petition is signed by both parties, stating that they no longer wish to continue the marriage due to irreconcilable differences between them. This statement also holds the mutually agreed details of settlement including property, assets, children, etc.
Once the joint petition is filed, both parties are required to appear in court as per the date issued. During this process, both parties are expected to appear in court with their respective counsels.
Once the petition is filed and both parties appear in the court, the court scrutinizes the petition and documents. If the court is satisfied with the conditions of the divorce and the documents submitted, it will then order the recording of the statement of both parties on oath.
Once the statement of the parties is recorded, the court passes an order of first motion. Once this is through, the court will grant 6 months before the parties can file for the second motion, which must be done within 18 months of the date of filing.
Once 6 months have passed, the parties can file for the second motion. The 6-18 months are granted to utilize any scope of reconciliation. However, if the parties still wish to proceed, there is only one more step ahead.
Upon the absolute agreement of both parties to end the marriage and complete satisfaction of the court, the divorce is granted, putting a legal end to the marriage between the parties.
Documents required to file a mutual divorce