4 Answers
Dear Client,
Mutual Consent Divorce comes under Section 13B of the Hindu Marriage Act and requires both spouses to have lived separately for at least one year and reach a full consensus on permanent alimony, asset division, and child custody.
The procedure starts with executing a comprehensive MOU. You then file a joint petition for the First Motion in Family Court. The statutory six-month cooling-off period before the Second Motion can be waived upon application, leading directly to the final decree.
Lastly, the MOU must include an all-inclusive closure clause including the withdrawal of all existing criminal or civil complaints as long as they are compoundable and permanently barring any future litigation arising from the marriage. I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.
Dear Client,
In case of mutual consent being there in spite of the earlier history of either domestic violence or adultery, the process of divorce can be carried out under Section 13B of the Hindu Marriage Act of 1955 (or Section 28 of the Special Marriage Act), whichever may be applicable. Under this clause, both the parties need to approach the court for divorce on grounds of separation for one year or more. The past abuse or adultery need not be pleaded or proved for a mutual consent petition, though it remains available as an independent fault ground under Section 13(1) should the mutual consent process later break down. Procedurally, a joint petition is filed, followed by a first motion, and after a statutory cooling-off period (which courts can waive under Amardeep Singh v. Harveen Kaur (2017) where reconciliation is clearly not possible), a second motion leads to the decree. Any agreed terms on alimony, property, and custody should be reduced to a written settlement memorandum filed alongside the petition.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Sir/Madam,
If both spouses now mutually agree to end their marriage, they can generally seek divorce by mutual consent, even where there is a past history of abuse or adultery. The parties should jointly file the appropriate petition under the applicable personal law and enter into a comprehensive settlement covering alimony/maintenance, property and belongings, children’s custody and visitation, and withdrawal or settlement of pending cases, if any. The earlier allegations need not necessarily be fully contested if both parties wish to settle amicably; however, the settlement should adequately protect the rights of the affected spouse, particularly where serious abuse or financial claims are involved.
Dear Client,
I understand your query. Based on your legal query, I suggest that you consult a lawyer for filling the petition for mutual divorce.
If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one to one-consultation
OLQ LAW FIRM