What is a Mutual Consent Divorce?

A mutual consent divorce is a legal process where both spouses jointly decide that their marriage has broken down and mutually agree to end it. Instead of blaming each other or proving grounds such as cruelty or desertion, here both parties voluntarily consent to dissolve the marriage.

Essential Conditions

To obtain a divorce by mutual consent:

1.     The husband and wife must have lived separately for at least one year.

2.     They must be unable to live together.

3.     They must mutually agree that the marriage should be dissolved.

4.     A joint petition must be filed before the competent Family Court.

Under Section 13B of the Hindu Marriage Act, 1955, spouses can seek a mutual consent divorce if they have been living separately for at least one year, are unable to live together and mutually agree that the marriage should be dissolved.

Generally, the law provides for a six-month cooling-off period to give the couple an opportunity to reconsider their decision. However, in Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that this period is not mandatory and may be waived by the court where there is no possibility of reconciliation and waiting would only prolong the parties' hardship.