In India, divorce can be filed either as a Mutual Consent Divorce or a Contested Divorce.
Key Differences: Mutual Consent vs Contested Divorce
| Aspect | Mutual Consent Divorce | Contested Divorce |
|---|---|---|
| Governing Law / Section | Hindu Marriage Act, 1955 — Section 13B | Hindu Marriage Act, 1955 — Section 13(1) |
| Requirement | Both husband and wife must agree that the marriage has broken down beyond repair. | Only one spouse seeks the divorce; the other may contest the petition. |
| Grounds | Agreement between spouses that marriage has irretrievably broken down (no specific fault pleading required). | Valid grounds must be proved, such as cruelty, adultery, desertion, conversion, unsoundness of mind, etc. |
| Cooling-Off Period | Yes — there is a 6-Month Cooling-Off Period (can be waived by the court). | Not applicable in the same way; contested matters proceed through pleadings and evidence. |
| Typical Court Process | Generally faster if both parties cooperate and the court waives the cooling-off period. | Longer process involving proof, witness testimony, and judicial determination. |
Basic Procedure
| Step | Action |
|---|---|
| 1 | File a petition in the Family Court where either spouse resides. |
| 2 | Serve notice to the other spouse. |
| 3 | Attend court hearings or mediation (many courts refer couples to mediation first). |
| 4 | In mutual consent cases, observe the 6-Month Cooling-Off Period (which can be waived by the court). |
Need legal help Call: 9650499965
