Mutual Consent DivorceSection 13B of the HMA provides for Divorce by Mutual Consent.
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Updated and Published on 17 March 2023
What is Divorce by Mutual Consent?
Section 13B of the HMA Act 1955 provides for divorce by mutual consent. period of separation is 1 year)
Section 28 of the Special marriage Act, 1954 provides for divorce by mutual consent.
Section 10A of the Divorce Act, 1869, provides for divorce by mutual consent (period of separation is 2 years)
The Conditions required under section 13B of the Hindu Marriage Act are as follows:
62,679Mutual Divorce Decree
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Divorce By Mutual consent saves time, money and energy for
What is Divorce by mutual consent?
Divorce By Mutual Consent is as
the name suggests is when both parties ie husband and wife come to a
mutual understanding that the marriage be dissolved amicably.
Notice: As par the latest
circulation the presence of wife's either parent at the time of hearing
has become a must both in Delhi and NCR region for mutual divorce.
List of Documents required for Mutual Divorce are listed below:
Mutual Consent Divorce between Hindu Couple
Mutual Consent Divorce between Hindu Couple is governed by The Hindu Marriage
Act, 1955, under Section l3B.
Mutual Consent Divorce in case of Court Marriage
Mutual Consent Divorce in case of Court marriage is governed by The Special
Marriage Act, 1954 under Section 28.
Mutual Consent Divorce in case of Christian Couple
Mutual Consent Divorce in case of Christian Couple is governed by The Divorce
Act, 1869, under Section lOA.
There are three other requirements for Mutual Consent Divorce under section 13(B) as follows:
List of Number of Mutual Divorce Successfully Done Year wise:
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Here are the list facts to be mutually agreed upon in the petition for Divorce by Mutual Consent:
The mutual consent divorce petition should also contain a joint
statement by both the partners, that due to their irreconcilable
differences, they can no longer stay together and should be granted a
If the second motion is not made within the period of 18 months, then
the court is not bound to pass a decree of divorce by mutual consent.
Besides, from the language of the section, as well as the settled law,
it is clear that one of the parties may withdraw their consent at any
time before the passing of the decree. The most important requirement
for a grant of divorce by mutual consent is free consent of both the
parties. In other words, unless there is a complete agreement between
husband and wife for the dissolution of the marriage and unless the
court is completely satisfied, it cannot grant a decree for divorce by
What does Divorce by Mutual Consent Mean?Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the honourably court, is known as mutual consent Divorce, it is the quickest form of divorce in India.
A. Formalities to be complied withUnder this section a decree for dissolution of marriage solemnized under this Act can be passed by a District Court on compliance with the following formalities:
B. Appeal and revision.The maintainability of appeal though open to question, order is open to revision either under s.115 of the Code of Civil Procedure or under Art. 227
of the Constitution of India.
C. Ground of divorce by mutual consentThe ground of divorce by mutual consent is to be found in s. 28 of the Special Marriage Act 1954, and in s. 13B of the HMA. The Hon'ble court cannot read that ground under s. 10 of the Divorce Act 1869, by adopting a policy of social engineering.
D. Reconciliation necessaryEven if dissolution of marriage by mutual consent is sought by a joint petition of the husband and the wife still it is incumbent on the court to comply with the mandatory provisions of s. 34(2) of the Act to make attempt for reconciliation between the parties.
Can Mutual Consent be WithdrawalBefore a decree for mutual consent is passed, the question arises whether the party can withdraw its consent or not. At times, the question has also come before the Court and there was a conflict of opinions on the point whether the parties to divorce can withdraw its consent unilaterally. The Bombay High Court in Jayashree Ramesh Londhe v. Ramesh Bikaje Londhe. expressed the view that crucial time for the consent for divorce under section 13B was the time when the petition was filed.
If the consent was voluntarily given, it would not be possible for any party to nullify petition by withdrawing the consent. The Court took the support from Order 22, rule 1 of the Code of Civil Procedure which provides that if a suit is filed jointly by one or more plaintiffs, such a suit or a part of a claim cannot be abandoned or withdrawn by one of the plaintiffs to the suits. The similar view was adopted by High Court of Delhi in Chander Kanta v. Hans Kumar. and Madhya Pradesh High Court in Meena Dutta v. Anirudh Dutta.
To learn more about family laws here are a list of articles:
A consent decree per se in matrimonial matter is not collusive. As would
be evident from the legislative intent of s. 13B of the Act
This case shows that the Hon'ble High Court waived the period of one
year separation on account of exceptional hardship being shown by the
Maintenance:A Hindu wife has the advantage of an additional statute viz the Hindu Adoptions and Maintenance Act, 1956. Under Section 18 of this Act a Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance, provided her separate living is justified which means that the husband.
The section provides two specific bars which would disentitle a wife from
claiming maintenance under this Act, viz,
Supreme court Judgments on Divorce laws in India:
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