Divorce by Mutual Consent

A mutual divorce petition is filed under Section 13B of the Hindu Marriage Act. Before filing a petition under this section couples must ensure that they have been living separately for a period of one year.

Under Section 13B, two motions are moved with the interval of six months, ‘the first motion’ and ‘the second motion’. The six months period is a statutory requirement. The petition can be withdrawn by any of the spouses within one and half years. If the concerned side disagrees to give the consent, the court can not pass the divorce judgment.

It is advisable that before filing a mutual petition, both the parties should settle every issue regarding alimony, child custody,property etc. and to incorporate them in the petition itself to avoid further litigation. Where there is to be a settlement regarding property, exchange of ornaments or similar issue, the parties may enter into a Memorandum of Understanding to that effect and to make such a MoU as part and parcel of the petition.