is Divorce by Mutual Consent?
Section 13B of the HMA Act 1955 provides for divorce by
The Conditions required under section 13B of the Hindu
Marriage Act are as follows:
(i) Husband and wife have been living separately for a
period of one year or more,
(ii) That they are unable to live together,
(iii) And that both husband and wife have mutually
agreed that the marriage has totally collapsed, Hence
marriage should be dissolved.
Under these circumstances a Divorce by Mutual consent can
5,012 Divorce Decree obtained
as of 30/9/2013
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of mutual divorce
Divorce By Mutual consent
money and energy for both,
and most importantly
avoid washing your dirty
linen in public.
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.
How does it work:
In all there are two court appearances in a mutual divorce
First A joint petition signed by both parties is filed in court .
Secondly In the first motion statement of both parties are recorded
and then signed on paper before the Hon'ble Court.
Thirdly The 6 month period is given for reconciliation, (the hon'ble court
gives a chance to the couple to change their mind)
Fourthly 6 months after the first motion or at the end of the
reconcile period if both parties still don't agree to come together. Then
the parties may appear for the second motion for the final hearing.
Finally Divorce decree will be granted as the Hon'ble Court may deem fit.
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Your Mutual Divorce -
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will file and appear
for you in court?
Choudhury's law office
will present your Divorce
petition before the Hon'ble court.
Choudhury's law office is one of Delhi's oldest law firm. Its a
Fourth generation law firm with tremendous reputation on family law
matters (marriage, divorce, maintenance, child custody, 498a,
domestic violence, Sexual harassment etc). Servicing since pre
Your divorce will be personally handled by one of our reputed and well
The firm holds the reputation of providing quick and hassle free mutual
We appear in all Family courts in Delhi ie. Rohini Court, Patiala House
Court, Dwarka Court, Saket Court, Karkadoma Court and Tiz hazari Courts, in special
cases we also appear in NCR Courts such as Noida Court.
* 3,930 Divorce Decree obtained as of 30/7/2012
Call us at ph
no: +9650499965 /
or email at: email@example.com
the list facts to be mutually
agreed upon in the petition for Divorce by Mutual Consent:
Firstly: Custody of child;
Secondly: Alimony (lump sum maintenance to be decided between parties);
Thirdly: Returns of items (dowry, streedhan, etc); and
Fourthly: Litigation expenses.
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
The court will pass a decree of divorce declaring the marriage of
the parties before it to be dissolved with effect from the date of the
decree, if the following conditions are met:
(a) A second motion of both the parties is made not before 6 months
from the date of filing of the petition as required under sub-section
(1) and not later than 18 months;
(b) After hearing the parties and making such inquiry as it thinks fit,
the court is satisfied that the averments in the petition are true; and
(c) The petition is not withdrawn by either party at any time before
passing the decree.
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
In a mutual consent divorce petition, the marriage between the parties
cannot be dissolved only on the averments made by one of the parties
that as the marriage between them has broken down, that means Both
parties have to agree to Divorce.
learn more about family laws here are a list of articles:
Restitution Of Conjugal Rights
Recognition of Equality Marriage
Family Courts in India
under Muslim Law:
Right to Abortion
Right of Abortion v. Child in Mother's Womb
Custody - Hindu, Muslim, Christian & Parsi
Guardianship - Hindu, Muslim, Christian & Parsi Laws
Adoption - Hindu, Muslim, Christian And Parsi
Rights Of Second Wife
Supreme court Judgments on:
Woman has no right to eye her mother-in-law's
property for maintenance #
Police and court cannot impound passport but can
seize it for at most 4 weeks #
Quash of 498a filed 10 years after customary
divorce and alimony
Husband gets divorce on grounds of cruelty #
Quash of 498a citing abuse of court process (NRI) #
Customary payments, gifts not dowry #
Requirements for a Foreign Divorce be
valid in India
Crime against woman Judgments
A.K Kraipak v. Union
100% MONEY-BACK GUARANTEE!!
We GUARANTEE that Mutual Divorce petition will be accepted & a Decree
by the competent court or we refund 100% of your money.