Understanding Mutual Divorce in India: A Step-by-Step Guide
Divorce can be a stressful and emotional process, but when both spouses mutually agree to separate, the legal procedure becomes more straightforward. Mutual divorce is governed under Section 13B of the Hindu Marriage Act, 1955, and similar provisions exist under other personal laws for different religions. This article explains the process, eligibility, and necessary documents for filing mutual divorce in India.
Who Can Apply for Mutual Divorce?
Married couples can apply for mutual divorce if:
✔ They have been living separately for at least one year.
✔ Both parties agree that the marriage is beyond repair.
✔ There is no force or coercion involved in the decision.
Step-by-Step Process for Mutual Divorce
- Filing a Joint Petition – Both spouses must file a joint petition stating that they have been living separately and mutually agree to dissolve the marriage.
- First Motion & Cooling-Off Period – After filing, the court grants a six-month waiting period for reconciliation. If reconciliation is not possible, the second motion is filed.
- Second Motion & Final Hearing – After six months, both parties must appear before the court for the final hearing, where the judge verifies their statements.
- Divorce Decree Issued – If the court is satisfied with the petition, it grants the divorce decree, legally ending the marriage.
Required Documents for Mutual Divorce
✔ Marriage certificate
✔ Address proof of both spouses
✔ Passport-sized photographs
✔ Income statements (if applicable)
✔ Proof of separation for at least one year
✔ Mutual divorce agreement
Conclusion
Mutual divorce is one of the simplest ways to legally end a marriage with minimal conflict. Seeking legal guidance ensures that the process is handled smoothly and without unnecessary delays. If you need expert assistance, consult Alishaa Kohli & Associates for professional legal support.
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