Mutual Consent Divorce in India

Taps9 Law Chamber  is a special in matrimonial matters. Mutual consent divorce can be filed when both parties agree to  amicably dissolve their marriage . However there needs to be a minimum 1 year separation prior to filing the mutual consent divorce petition when filed under S. 13 B of the  Hindu Marriage Act, 1955  and  in cases of   Special Marriage Act 1954, Section 28 of the said Act. There’s a 2 year separation period in case of Christians who are govered by the India Divorce Act 1869.  The procedure is simple ,a  joint petition signed by both parties  will be presented before the court with particulars containing child custody in cases where there are children and if any payment is decided between the parties to be paid before the divorce decree is granted .

There will be 2 motions which means the parties will have to appear before the court 2 times.  On the first date of hearing also called First Motion hearing , statement of parties will be recorded and if the court thinks fit the same will be allowed , thereafter  the parties can apply for second motion after the completion of 6 months cooling period.

In case the separation period prior to filing the first motion is more than 18 months , the court has the power to  grant waiver of 6 months cooling period . In such cases divorce may be allowed within a shorter period.
Once the second motion is allowed by the court. The parties will be given their divorce decree.

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