What is Divorce by Mutual Consent? When a married couple agrees to dissolve their marriage and jointly files a petition in court, it is termed as a mutual consent divorce.

Conditions Necessary:

• Living separately for at least a year before filing the petition.

• Marriage solemnized under the Hindu Marriage Act, 1955.

• Willing consent to the marriage.

• Mutual agreement to divorce throughout the proceedings, as decided in Sureshtha Devi v Om Prakash (AIR 1992 SC 1904).

Procedure for Divorce by Mutual Consent:

1. Jointly file a petition under Section 13B of the Hindu Marriage Act, 1955, in the appropriate court.

1. Include terms of settlement regarding custody, maintenance, litigation costs, and property division.

1. File the petition in the family court where the marriage was solemnized or where either spouse resides.

1. Court records statements of both parties and passes the first motion.

1. A cooling-off period of 6 to 18 months is granted after the first motion.

1. After the cooling-off period, parties can apply for the second motion, where their consent is recorded.

1. Upon satisfaction, the court passes a decree of divorce.

Important Points:

• Court cannot presume consent if one party does not appear after the cooling-off period.

• Settlement terms must align with public policy.

• Remarriage is possible after three months if no appeal is filed.

• Total time for divorce varies from 6 months to a year from filing, depending on the case.

Is Cooling-off Period Mandatory? The cooling-off period allows for reconciliation but can be waived under certain conditions:

• Exhaustion of mediation efforts.

• Willing settlement of issues.

• Prolonged agony if waiting period is enforced.

• Application for waiver can be filed a week after the first motion.

In conclusion, contested divorce involves proving allegations, often taking years to conclude. Filing a joint divorce petition can expedite resolution and ease emotional strain. Seeking legal consultation from experienced divorce lawyers, like those at Sharks of Law, can help navigate this process with clarity and support, whether through online or offline channels.