Sep 22, 2017
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Mutual Consent Divorce : What are different types of mutual consent divorces?

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Mutual Consent Divorce:

When both the parties to the marriage i.e. husband and wife mutually agree on consensus terms to dissolve the marriage, the divorce is termed a mutual consent divorce. Here, both the parties need to readily  and mutually agree to divorce proceedings. Maintenance and child custody are the common points of disagreement in a such a divorce.

Types of the mutual consent divorces under various religious laws in India:

Hindu Divorce under Mutual Consent Divorce, as per the Hindu Marriage Act,1955

Section 13B :

  • Petition filed with the mutual consent of both parties
  • Subject to condition of living separately for one year and not being able to live together
  • Other conditions-
  1. Till 6 months from date of filing the petition- interpreted that no decree shall be passed
  2. From 6 months to 18 months – option is available to withdraw the petition
  3. After 18 months from date of filing petition-court will passed final decree at its discretion.

Christian Divorce by Mutual Consent under Indian Divorce Act, 1869

Section 10A 

  • Petition filed with the mutual consent of both parties
  • Subject to condition of living separately for two year and not being able to live together
  • Other conditions-
  1. Till 6 months from date of filing the petition-  no decree shall be passed is interpreted
  2. From 6 months to 18 months – option is available to withdraw the petition
  3. After 18 months from date of filing petition-court will passed final decree at its discretion

Muslim Divorce by Mutual Consent under Dissolution of Muslim marriage act,1939

Two types i.e., khula and mubarat

  • Khula:
    1. Agreement between spouses for dissolving marriage in lieu of compensation paid by wife out of her property
    2. Consideration here is provided as Mahr
    3. The husband has no power of cancelling ‘khul’ for not paying the consideration.
  • Mubarat:
  1. In Mubarat, the outstanding feature is that both the parties desire divorce.
  2. Thus, the proposal may made from either side.
  3. In Mubarat , the husband and the wife both, mutually agree to separate .
  4. Among the Sunnis when the parties to marriage enter into a Mubarat all mutual rights and obligations come to an end.
  5. Among the shias the word mubarat should be followed by the word talaaq, otherwise no divorce would result.

Parsi Divorce by Mutual Consent under the Parsi Marriage and Divorce Act,1936

Section 32B :

  • Filed by both the parties to a marriage together,on the ground that they have been living separately for a period of one year or more
  • Marriage stands dissolved  if court at discretion after inquiring the details and pass decree declaring the same.

For finding lawyers related to divorce for mutual consent, visit Near law  

Article Categories:
Child Custody · Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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