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mutual consent divorce

English · Family and succession

Meaning. Divorce granted on a joint petition by both spouses who agree that the marriage should end.

Under s.13B HMA the spouses may jointly petition for divorce on the ground that they have been living separately for one year or more, have not been able to live together, and have mutually agreed to dissolve the marriage. The second motion may be made not earlier than six months and not later than eighteen months after the first, and the court grants divorce if consent subsists.

The six-month period is directory, not mandatory, and the family court may waive it where there is no chance of reconciliation. Either spouse may withdraw consent before the decree. The Supreme Court can dissolve the marriage under Art. 142 without referring parties to the family court.

Example

The court waived the six-month cooling-off period in the mutual consent divorce since the parties had lived apart for four years and settled all claims.

In Indian law

See also

divorce · irretrievable breakdown of marriage · mubarat

Read more in the study notes

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