Divorce by Mutual Consent under Hindu Law

Article written by Advocate Alpa Jogi on Divorce by Mutual Consent under Hindu Law

Divorce by Mutual Consent under Hindu Law

In case where both the Husband and Wife decide that they do not want to remain married to each other or cannot live with one another they can seek divorce by mutual consent under Section 13B of the Hindu Marriage Act.

Essentials of divorce by mutual consent

(1) Parties should be living separately

Section 13(B) of the Act prescribes that in order to mutually dissolve a marriage, the spouses should be living separately for a period of at least 1 year before filing the petition. This period of one year where the parties have lived separately must be immediately before the filing of the petition. “Living Separately” in the context of Section 13B does not necessarily mean physically living in different places. The parties could be living in the same house, sharing the same roof but there can still be a distance between the two.

(2) Parties have not been able to live together

It is said that relationships are made in heaven, however sometimes the holy relationships do not work for long on Earth. These days divorce is taken very lightly and people go for it as a first resort whereas the intention behind the law of divorce was to make it a last resort. Many times, in a marriage it so happens that the spouses can’t stand each other and can no longer live together happily. That is when they opt for divorce by mutual consent.

(3) They have mutually agreed that marriage should be resolved

In some situations – the parties may chose to give their marriage another chance and mutually resolve their marriage. During the waiting period, the parties may sometimes be able to reconcile and make their relationship work. After the first motion has been passed, the parties have a total 18 months to file for the second motion and if they fail to do so within those 18 months, both parties are deemed to have withdrawn their consent mutually.

Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.

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