As per section 13B of Hindu marriage act 1955
Husband and wife have been living
separately for a period of one year or more,
That they are unable to live together
They are somehow living together under one roof but owning
to personal differences and bitterness in relationship, didn’t have sex for
more than a year
And that both husband and wife
have mutually agreed that marriage has totally collapsed, hence marriage should
Under these circumstances a
divorce by mutual consent can be filed.
A petition should jointly be presented before the
Both parties have freely consented for dissolution
The court must be satisfied to the statements made
in the petition after making inquiry and hearing the parties.
Statutory law references-
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)
Soni Kumari Vs. Deepak Kumar 2016(1)RCR(Civil)52
Devinder Singh Narula Vs. Meenakshi Nangia 2012(4)RCR(Civil)235
Anil Kumar Jain v. Maya Jain 2009 ( 4 ) RCR (Civil)
309 (Supreme court)
Kiran v. Sharad Dutt JT 2000 ( 1 ) SC 532 (Supreme
Share all the facts related to the marriage with
Share every document/evidence related to the
marriage with your lawyer.
Provide details of ‘Streedhan’ , how parties are
going to settle it, If already agreed else take help from Lawyer
Discuss and settle the important issues such as
Alimony amount, child custody and children maintenance before your file for a
mutual consent divorce.-IMPORTANT
Create MoA (Memorandum of Agreement) along with your
spouse and append it with your divorce Petition.