Legal Service India - Divorce by mutual consent in India - Section 13B, Divorce
Divorce by mutual consent in India

Divorce by mutual consent in India
Section13B states the laws related to divorce by Mutual Consent....

• Mutual Consent
• Consent decree
• 6 months waiting period
• Two court appearances a must
• Decree issued by competent family court

click here for LIVE help-desk
Chat with us  (2 PM - 9 PM IST)

Family Laws   Articles  lawyers Chat    forms  Lawyers Membership  Consumer laws  Income-Tax  find a lawyer  

Register your Copyright Online
And protect your creative works...

 E-mail login               Password

Free Email Sign Up

* Divorce in India
* Grounds of Divorce

* Additional Grounds for Divorce for wife
* Other Instances of Divorce Laws
* Adultery
* Irretrievable breakdown of marriage in India
   Family Laws

Law FirmFile Mutual Consent divorce right away
We offer Mutual Consent Divorce services in Delhi, click here for quick divorce...

Divorce by mutual consent

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 divorce by mutual consent is no longer foreign to Indian law of divorce.

In an appeal against the dismissal of a petition for divorce under s. 13 of the Act a compromise petition signed by the parties and their respective lawyers was filed praying for dissolution of marriage by mutual consent. It was held that s. 13B(2) of the Act is directory only. Section 13B(2) no doubt cautions the court of its duty to fight the last ditch battle to save the marriage, but when the court is fully satisfied on the basis of the proved facts that in the interests of justice of the society and the individuals marriage tie should be put as under immediately, s. 13B(2) does not impose any fetter on the powers of the court to grant decree of divorce. The time-table fixed by s. 13B(2) does not apply to an appellate court.

Where the ingredients necessary for a decree of mutual divorce under s. 13B are proved by the evidence of the parties, the court cannot refuse a decree for divorce. The ingredients are that they had been living separately for a period of more than one year and that they had not been able to live together and that they had mutually agreed that the marriage should be dissolved.19 Section 13B(l) does not envisage the recording of the statements of the parties at the time, of filing of the joint petition and merely because their statements were not so recorded, they could not have been denied the relief of divorce.20 There is a fourth ingredient for a decree of divorce by mutual consent, that i the consent of the parties has been obtained not by force, fraud or undue influence.-I A compromise decree can be recorded and divorce may be granted under Or. 22, r. , CPC provided the court is satisfied that a ground for divorce specified in the statute can be spelt out from the records.

The parties in a case2 had signed a memorandum of compromise stating that th~ husband would pay certain amount to the wife in two installments by Demand Dra and the decree for divorce by mutual consent would take effect after payment of ~ second installment. It has been held that the decree for dissolution of marriage solemnized between the parties has to be passed in terms of the memorandum of compromise filed in the court.

Divorce by mutual consent
(l) Subject to the provisions of this Act petition for dissolution of marriage by a decree of divorce may be presented :0 the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws: (Amendment) Act, 1976, on the ground that they have been living separately for: a period of one year or more, that they have not been able to live together. that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

Corresponding law. Sections 13A and 13B of the Act correspond to ss. 27A and 28 of the Special Marriage Act 1954, respectively.

Insertion of sections 13A and 138. Sections 13A and 13B were inserted by the Marriage Laws (Amendment) Act 1976. Section 13A provides that under certain circumstances the court may, while dealing with a petition for divorce, have a discretion to grant a decree for judicial separation instead. Under s. 13B of the Act divorce by mutual consent has now received statutory blessing.

Scope of section 13A. Under s. 13A the court can grant a decree for judicial separation though the petitioner asked for a decree of divorce.9 This is an alternative relief as provided in s. 13A of the Act. Section 13A commences with the words "alternative relief in divorce proceedings" and provides power to the court in a petition for divorce, if it considers just so to do, taking into consideration the circumstances of the case, to pass a decree for judicial separation. It is only when the ground on which divorce is sought is made out, then the court in the circumstances of the case may grant judicial separation.

Scope of section 13B. In a petition under s. 13B of the Act the parties are not required to prove anything in addition to that laid down in the section itself.!! During pendency of appeal in divorce proceedings, the parties may agree to dissolve the marriage by mutual consent or compromise provided it is neither unlawful nor the result of collusion. It is now possible to dissolve a marriage by agreement between the parties although none of the grounds on which a marriage may be dissolved by a court is found to exist.!2 Even a petition by one party may be converted into a fresh petition for dissolution of marriage by mutual consent.13 Where a divorce is granted without following the procedure laid down in s. 13B of the Act, the order is invalid.

Parties merely agreed orally at the time of arguments that they had mutually agreed that their marriage should be dissolved by mutual consent. The petition filed under s. 13(1)(ia) and (ib) cannot be treated to have been filed under s. 13B and the decree for divorce by mutual consent cannot be passed in such a situation. Further it is also a mandatory provision under s. 23(1)(bb) of the Act to satisfy the court that consent has not been obtained by force, fraud or undue influence.

In Preeti Singh v Sandeep Singh the divorce between the parties was granted by mutual consent according to the directions of the Supreme Court. 

Important Articles on Divorce laws:

Muslim women's right for dissolution of marriage  Divorce under Muslim Law  Divorce  Adultery  Family laws
Open Forum (new replies)
Sexual Harassment and Rape Laws in India -  Forum
Open Forum (new replies)
Marriage, Divorce, adoption, Maintenance - Forum

Lawyers Listing
Find a lawyer Or law Firm.....
Click on the City of your Choice & speak to a lawyer from your city right away.....
        lawyers available 24x7 to provide quick & Instant Justice...
Lawyers in India - Search By CityLawyers Search
Lawyers in India Delhi - New Delhi Lawyers in India Kolkata Lawyers in India Mumbai Lawyers in India Chennai
Lawyers in India Chandigarh Lawyers in India Hyderabad Lawyers in India Bangalore Lawyers in India Ahmedabad
Lawyers in India Surat Lawyers in India Rajkot Lawyers in India Pune Lawyers in India Jodhpur
Lawyers in India Nashik Lawyers in India Nagpur Lawyers in India Pondicherry Lawyers in India Cochin
Lawyers in India Janjgir  Lawyers in India Indore Lawyers in India Jaipur Lawyers in India Thane
Lawyers in India  Lucknow Lawyers in India Agra Lawyers in India  Allahabad Lawyers in India Ranchi
Lawyers in India Delhi NCR lawyers Ghaziabad lawyersFaridabad lawyersGurgaon lawyersNoida & Gr Noida  Lawyers in India Ludhiana
Lawyers Around The world SearchLawyers Search
lawyersNew York lawyersLos Angeles lawyersLondon lawyersSydney
lawyersParis lawyersDubai lawyersBarbados lawyersMilan
lawyersSwitzerland lawyersSingapore lawyersBirmingham lawyersCameroon
lawyersItaly lawyersToronto lawyersPanama lawyersJohannesburg

  Copyright law in India: Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. i.e, books, computer programs are protected under the Act as literary works

    Your Name                Your E-mail

Legal Service India

Adultery laws in India
Divorce in India
Effects of Divorce
Grounds for Divorce
Grounds for Divorce for wife

Download law Forms
Divorce by mutual consent
Law Articles
Law Blog
RSS Feed
Law Forum
Restitution Of Conjugal Rights
Right to Abortion
Family Courts in India
Divorce under Muslim Law
Rights Of Second Wife
legal Discussion Forum

Lawyers in India - Search by City
Recognition of Equality Marriage
Irretrievable breakdown of marriage
Right of Abortion v. Child in Mother's Womb
Custody - Hindu, Muslim, Christian & Parsi Law’s
Guardianship - Hindu, Muslim, Christian & Parsi Laws

Adoption - Hindu, Muslim, Christian And Parsi Laws

legal Service India

Home | Family law | Legal Advice | Lawyers | Copyright Registration | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2013
ISBN No: 978-93-82417-01-9