13B Divorce by Mutual Consent.
(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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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.
The above said waiting period of six months is not mandatory but it is only directory and can be relaxed in cases where there are materials to waive the statutory period
Mutual divorce is a joint decision where both partners agree that living together is no longer viable. This collaborative approach allows for a quicker resolution, typically within 1 to 2 months, minimizing the emotional strain.
Conditions for Mutual Divorce:
To file for mutual divorce, certain conditions under Section 13B must be met:
Consent:
Both parties must willingly agree to the divorce without placing blame on each other.
Separation Period:
Living separately for at least one year is a prerequisite, demonstrating the irretrievable breakdown of the marriage.
Mutual Agreement:
Both spouses must mutually acknowledge that their marriage has reached an impasse.
Voluntary Filing:
The decision to file for mutual divorce should be free from any undue influence, bribery, or fraud.
Step-by-Step Guide:
Filing the Joint Petition:
Filing the Joint Petition: Subsequently, both spouses jointly file a petition under Section 13B, presenting their decision to the court without making allegations against each other.
Conciliation:
The parties attend conciliation, actively making efforts to reconcile differences. If unsuccessful, they then submit a report to the family court.
Court Conciliation:
The Family Court Judge intervenes, diligently attempting to resolve disputes. If reconciliation is not agreed upon, the court then posts the matter for evidence and arguments after six months.
Six Months Waiting Period:
After six months, the court becomes thoroughly satisfied with the authenticity of the petition. Following a comprehensive consideration of the evidence presented by both petitioners, the court then passes a decree of divorce, officially dissolving the marriage.
Waiver Application (Optional):
Optionally, parties can choose to file a waiver application to bypass the six-month waiting period. Subsequently, advocates present an interim application for waiver, subject to court approval.
Evidentiary Stage:
Both parties actively present evidence in court. Each petitioner takes turns leading evidence to support the mutual divorce petition.
Final Arguments:
Advocates make compelling final arguments, persuading the court to grant the mutual divorce. The court then allows or denies the petition based on these well-presented arguments.