Mutual Divorce

Divorce is a process by which the marriage between two adults comes to an end which may be solemnized under different laws like Hindus which includes Sikhs, Jains, Buddhists are governed by the Hindu Marriage Act,1955 while Christians are governed by Indian Divorce Act, 1869 and the Indian Christian Marriage Act,1872.
Section 13B, inserted in the Hindu Marriage Act in 1976 to introduce divorce through mutual consent, provides for a total 18 months before a decree for divorce can be passed.

Under Section 13B(1), a divorce petition can be moved by a couple following a judicial separation of one year. This may be followed by another six months of waiting period under Section 13B(2) for getting a decree.

The Divorce Proceedings can take place by adopting two procedures which are as follows:

Mutual Divorce is a legal process of separation, when both the husband and wife want to separate with their own will after marriage, is called at Divorce with Mutual Consent. Both husband and wife can apply for the divorce by mutual consent.

Contested Divorce or divorce without mutual consent is filed without the prior approval of either of the spouse (husband or wife). Common ground for filing such divorce petition is cruelty, adultery, desertion, conversion, mental disorder, communicable disease, presumption of death or in case of renouncing the world.
The Procedure for Filing for Mutual Divorce:

Important Issues to be Settled before Proceeding:

Child Custody: Which partner will get the child custody after divorce
Alimony/Maintenance: If one of the partner is unable to meet his daily expenses then other needs to pay him a certain sum of amount as alimony (one time settlement or monthly payment). It is subject to mutual understanding between the partners (husband and wife).
Settlement of Property and Assets: Settling the ownership rights of property and asset like dwelling house, bank accounts, movable assets between the parties (Husband and wife)

Requirement of Documents for filing Mutual Divorce Petition:

Marriage Certificate
Address Proof – Husband and Wife.
Four Photographs of Marriage.
Income tax Statement of last 3 years.
Details of profession and Income (Salary slips, appointment letter)
Details of Property and Asset owned
Information about family (husband and wife)
Evidence of Staying separately for an year
Evidence relating to the failed attempts of reconciliation
Where can the Mutual Divorce Petition be filed?
Where the couple was last residing as husband and wife,
Where the husband or wife is presently residing.
Steps to be undertake to Dissolve the Marriage by Mutual Consent: