Mutual Consent Divorce in India
Mutual consent divorce is a legal process where both spouses agree to dissolve their marriage. In India, it is governed by different personal laws depending on the religion of the parties.
Legal Framework
- Hindu Marriage Act, 1955 — Section 13B: Applies to Hindus, Buddhists, Sikhs, and Jains.
- Special Marriage Act, 1954 — Section 28: Applies to inter-religious and civil marriages.
- Dissolution of Muslim Marriages Act, 1939: Governs Muslim divorces (mutual divorce by Khula/Mubarat).
Eligibility for Mutual Consent Divorce
- Both spouses must agree to the divorce.
- They must have lived separately for at least one year.
- They must demonstrate that they are unable to live together.
Process and Timeline
- First Motion Petition — Both parties jointly file a petition in the Family Court with jurisdiction.
- Cooling-Off Period — The court grants a 6-month cooling-off period (can be waived in certain cases as per the Supreme Court ruling in Amardeep Singh vs Harveen Kaur, 2017).
- Second Motion — After the cooling-off period, both parties appear again to confirm their decision.
- Decree of Divorce — The court passes the final divorce decree.
Documents Required
- Marriage certificate
- Address proof of both parties
- Income proof / income tax returns
- Photographs of both parties
- Evidence of attempts at reconciliation
- Settlement agreement (covering alimony, child custody, property division)
How EasyVakil Can Help
Our verified family law advocates can guide you through the mutual consent divorce process — from drafting the petition and settlement agreement to representing you in Family Court.