Introduction

Indian law allows a husband and wife to dissolve their marriage by mutual consent. This process is governed by Section 13B of the Hindu Marriage Act, 1955. Compared to contested divorce, it is quicker and less stressful, provided both partners agree.

Conditions for Mutual Consent Divorce

• The couple must be living separately for at least one year.
  
  
• Both parties must mutually agree to end the marriage.
  
  

Questions the Court May Ask

• When and where was the marriage solemnized?
  
  
• Do you have any children from the marriage?
  
  
• How long have you been living separately?
  
  
• Have settlement terms been agreed (custody, alimony, property division)?
  
  
• Is this decision made voluntarily, without pressure or fraud?
  
  

Conclusion

➡️ Mutual consent divorce under Section 13B is a straightforward legal process, but the court ensures the decision is voluntary and fair to both parties.