When anyone plans to get the divorce, mutual divorce is the preferable option to go through over the contested divorce. People who want to save both their time and money should go for the mutual divorce. In the Section 13B of Hindu Marriage Act, it is clearly mentioned about the mutual divorce in India. The marriage Laws (Amendment) Act, 1976 the mutual divorce is added. All the marriages before and after this marriage law (amendment) act 1976 is entitled to this provision.

From time to time many laws were passed but still the divorce procedure in India is complex and you will have to contest the divorce for several months. In India, the India judicial laws believe that if the relationship gets an extended time span then the couple can consider for the withdraw the divorce appeal.

Procedures involved in mutual divorce in India include:

In the mutual divorce, the couple will file for the divorce if they have lived apart for at least a year. For this a petition with all the affidavits for the divorce should be filed in the district court by the both the spouses. In the court room, both the husband and wife have to say in front of judge that they are unable to live together due to immense difficulties in adjustment.

When both the husband and wife file the divorce petition in the court, it is known as First Motion Petition for Mutual Consent Divorce. In the second motion petition for mutual consent divorce mentioned in the sub-section (2) of section 13 B, the couple again comes to the court after 6 months. If the judge is satisfies with their hearing, the mutual divorce degree is granted.

In case the couple is unable to appear to the court after six months and not later than the 18 months from first motion then the divorce petition becomes null and void. Any of the couple can withdraw their petition within 6 months. If you want to get the divorce then you have to provide all the necessary documents for the mutual divorce in India. Both the wife and husband have to agree with the terms of settlement regarding these points:

1. Custody of the Child


2. Return of Dowry Articles / Istridhan of wife


3. Lump sum maintainance amount of wife


4. Litigation Expenses

An experience lawyer will always require getting you an effective guidance to get the divorce through a mutual agreement done between you and your spouse.

The information on the site is only for informational purpose please take legal advice for any kind of decision making.