Divorce by mutual consent
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Summary
Both spouses can jointly file in the district court for divorce if they have lived separately for at least one year, cannot live together, and both agree to end the marriage. They must wait at least six months after filing but bring the final motion within eighteen months; if not withdrawn, the court hears them, verifies facts, and may grant a decree dissolving the marriage from the date of the decree.
Example
Priya and Arjun have been living apart for 14 months and both want a divorce. They jointly file a petition in the district court, wait six months, then move for the final decree within eighteen months. If the court is satisfied after hearing them and checking facts, it will dissolve the marriage from the decree date.
Bare Act
Enacted text(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
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