Overview

Mutual divorce, also known as uncontested divorce, is a form of divorce in which both parties mutually agree to dissolve their marriage. The provision of Mutual Divorce is provided under Section 13B of Hindu Marriage Act, 1955. Under the Hindu Marriage Act, 1955 (HMA), mutual divorce is recognized as a legal way to end a marriage.

Conditions for filing a mutual divorce petition

Under Section 13-B of HMA, a petition for mutual divorce can be filed by both parties only if the following conditions are satisfied:

• : The parties have been living separately for a period of one year or more before filing the petition.
• : They have not been able to live together as husband and wife.
• : They have mutually agreed that the marriage should be dissolved.

Procedure for filing a mutual divorce petition

• Filing of the petition: The petition for mutual divorce should be filed jointly by both parties before the family court having jurisdiction over the matter. The petition should include details such as the reason for seeking divorce, details of children, if any, and the terms of settlement, such as alimony, custody of children, division of property, etc.
• First motion: After the petition is filed, the court will fix a date for the first motion hearing. Both parties are required to appear before the court on the given date. During the first motion, the court will attempt to reconcile the parties and to ascertain whether the parties have mutually agreed to dissolve their marriage. If the court is satisfied that the parties have mutually agreed to divorce, it will grant a six-month cooling-off period.
• Cooling-off period: During the cooling-off period, both parties are expected to try and reconcile and to make efforts to save their marriage. If the parties reconcile during the cooling-off period, they can withdraw their mutual divorce petition.
• Second motion: After the cooling-off period of six months, the parties are required to appear before the court again for the second motion. During the second motion, the court will inquire whether the parties have mutually agreed to dissolve their marriage and whether they have adhered to the terms of the settlement. If the court is satisfied that the parties have complied with the terms of the settlement and have mutually agreed to dissolve their marriage, it will grant the mutual divorce decree.

Differences between divorce under Section 13 of HMA and mutual divorce under Section 13B of HMA

Here are the differences between divorce under Section 13 of HMA and mutual divorce under Section 13B of HMA:

• Grounds for divorce: Under Section 13 of HMA, either spouse can file for divorce on the grounds of cruelty, desertion, adultery, conversion to another religion, unsoundness of mind, venereal disease, or leprosy, or if the spouse has not been heard of as being alive for a period of seven years or more. In contrast, mutual divorce under Section 13B of HMA can be sought only on the ground of irretrievable breakdown of the marriage.
• Procedure: For divorce under Section 13 of HMA, the spouse who seeks divorce must file a petition in court and prove the grounds for divorce. The court will then decide whether to grant the divorce. In contrast, mutual divorce under Section 13B of HMA requires both spouses to jointly file a petition for divorce and to agree on the terms of settlement, such as alimony, custody of children, and division of property. The court will grant the divorce only if it is satisfied that the parties have mutually agreed to dissolve the marriage.
• Cooling-off period: For divorce under Section 13 of HMA, there is no mandatory cooling-off period, and the court can grant the divorce immediately after hearing the petition. In contrast, mutual divorce under Section 13B of HMA requires a six-month cooling-off period after the filing of the petition for the first motion. During this period, both spouses are expected to try and reconcile and to make efforts to save their marriage. The court will grant the divorce only after the cooling-off period if it is satisfied that both spouses still wish to dissolve the marriage.
• Appearance in court: For divorce under Section 13 of HMA, only the spouse who seeks divorce is required to appear in court. In contrast, for mutual divorce under Section 13B of HMA, both spouses must appear in court during the first and second motion hearings.

Required Documents

• : Address proof of husband and wife
• : Details of the petitioners’ profession and their present remuneration – Salary slips/appointment letter
• : Income tax statements for the last 3 years
• : Information regarding the family background of the husband and wife
• : Assets owned by the husband and wife
• : Marriage invitation card and Marriage certificate
• : Evidence showing spouses living separately for more than a year
• : Evidence showing failed attempts at reconciliation

Benefits

Mutual divorce is a less acrimonious way to dissolve a marriage, and it can save time and money for both parties. However, it is essential to ensure that the terms of the settlement agreed to by the parties are fair and reasonable.

Why approach LAWYASA?

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How can LAWYASA assist?

Lawyasa is an online legal platform that can help you in the following ways if you want to file for mutual divorce:

• Legal consultation: Lawyasa can provide you with expert legal advice and consultation from experienced family law lawyers. You can discuss your situation with the lawyer and get guidance on the legal process, the grounds for divorce, and the requirements for filing for mutual divorce.
• Document preparation: Lawyasa can assist you in preparing the necessary documents for filing for mutual divorce. This includes drafting the petition for mutual divorce, settlement agreement, and other documents required by the court.
• Filing of documents: Once the documents are prepared, Lawyasa can help you with the process of filing the documents in the appropriate court. The platform can connect you with a local lawyer who can represent you in court and guide you through the legal process.
• Regular updates: Lawyasa can provide you with regular updates on the progress of your case and inform you about any court dates or hearings.
• Cost-effective: Lawyasa provides cost-effective legal services compared to traditional law firms. You can save time and money by using their online platform to file for mutual divorce.

Frequently Asked Questions