Mutual Consent Divorce

Posted: February 7, 2012

This blog post is about how to go about getting a divorce by mutual consent in India. In case you want to get a divorce, do try and get a mutual consent divorce instead of a contested one.

It’s always better to get a mutual consent divorce. The advantages are that:
1) It saves time
2) It saves money
3) It is emotionally less traumatic because you avoid the usual public mudslinging inherent in contested divorces.

Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976 has outlined the process of getting a mutual consent divorce, if you are a Hindu. Any Hindu marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.

The first prerequisite for filing a divorce by mutual consent is to have lived apart for a year before filing for the divorce. A petition supported with affidavits for divorce should be filed in the district court by both the spouses. The husband and the wife need to make a joint statement to the court to the effect that they are unable to live together as they are facing immense difficulties in adjustment. The filing of the divorce petition by both the husband and the wife is legally known as the “The First Motion Petition for Mutual Consent Divorce”.

“The Second Motion Petition for Mutual Consent Divorce” mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears in court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

For a mutual consent divorce, please consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.

A freelance journalist and teacher, Kalpana is a feminist, an animal rights activist, passionate about

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  1. Pingback: Mutual Consent Divorce « divorced doodling

  2. what will happen if one part refuse to come for filling second motion. is there any legal procedure for the concerned part who is will to file second motion.

  3. subhash swami -

    what will happen if one part refuse to come for filling second motion. is there any legal procedure for the concerned part who is will to file second motion.

  4. Pingback: Divorced? You Still Have To Communicate With Your ‘Ex’ | Women's Web: Online Community For Indian Women

  5. no comment.

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  7. You may Consult Siddhartha Shah & Associates on 09322286663 or on 022 26111281 or write to them on, they are the top international divorce / family lawyers, excellent and professional lawyers based in Mumbai. I had sought their assistance and they were great help to me. I highly recommend them for any divorce and family laws related advisory.

  8. We are separately living for more than 5 years now. I am presently staying with my parents and bringing up my son on my own who is 5 yrs. 9 months old. I do not have any communication with my husband for the last two years or so. I want to get a divorce from him by mutual consent. Any idea if anyone could guide me about the procedure so as to avoid legal hassles and time?

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  10. My nephew married an year ago, and both he and his wife lived in two separate states in the us, hoping one will get a transfer to others place. The marriage was not consummated. The couple realise their incompatibility and seek mutual divorce. There are no encumberances. How soon can they get divorced ?

  11. Simple and clear exp. For divorce under mutual consent, you have to wait for the minimum period of 6 months after applying for divorce.6 months’ time will be allotted for the couples to finalize or cancel their divorce.
    You may go through the following links to know more about the divorce procedure.

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