Divorce by Mutual Consent

Divorce by Mutual Consent

Mutual Consent Divorce Laws in India(13-B Hindu Marriage Act 1955)

What the law says for divorce by mutual consent:
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to 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 and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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.

“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 grant of divorce by mutual consent is free consent of both parties,” it said by Supreme court of India.

Divorce by Mutual Consent and waiving of six month Period:The Govt. has proposed the amendment in The Hindu marriage Act 1955 in section 13-B for Divorce by Mutual Consent.earlier the law was that after competition of one year of marriage if couple wants to break their marriage by way of mutual consent then they have to wait upto six months. Now the Indian Govt. proposed the amendment to dissolve the marriage by way of mutual consent and given the powers to the court to waive a six months period of staying together before divorce can be granted in cases where the separation is by mutual consent.

Divorce By Mutual Consent in India: Period of Six Months: 13-B Hindu marriage act:

Mutual Consent Divorce Laws in India(13-B Hindu Marriage Act 1955)

What the law says for divorce by mutual consent:
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to 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 and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made 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 mean time, 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.

“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 grant of divorce by mutual consent is free consent of both parties,” it said by Supreme court of India.

Divorce by Mutual Consent and waiving of six month Period:The Govt. has proposed the amendment in The Hindu marriage Act 1955 in section 13-B for Divorce by Mutual Consent.earlier the law was that after competition of one year of marriage if couple wants to break their marriage by way of mutual consent then they have to wait upto six months. Now the Indian Govt. proposed the amendment to dissolve the marriage by way of mutual consent and given the powers to the court to waive a six months period of staying together before divorce can be granted in cases where the separation is by mutual consent.