Different laws applicable for Mutual Divorce

When both spouses mutually agree that they cannot reconcile together and live together is impossible hence, divorce is the best solution. Mutual divorce can be filed under different laws for different religions.

1. Mutual Divorce Under Hindu Laws: 

It is governed by section 13B of the Hindu Marriage Act, 1955. Certain requirements shall be complied with to file for mutual divorce:

1. Parties shall be living separately for the last 1 year (minimum)
2. Reconciliation is not possible
3. Parties have agreed to the dissolution of the marriage
4. Any Party can withdraw it anytime after filing the first motion before the presentation of the next motion

The process begins with a joint petition. There are two motions in mutual divorce.  After the proceedings, the first motion order is passed by the court after which a 6 month period is given to the parties where the parties shall file the second motion and ponder over their decision of separation. Either party can withdraw its consent at any time before the passing of the decree.

2. Mutual Divorce under Muslim Law :

There are 2 categories of divorce under Muslim Law and fall under the extra-judicial category. The court is of the view that it shall not intervene as it is an act of the Parties. Two kinds of mutual agreements are Khula and Mubarak.

1. Khula: This is the Agreement between husband and wife to dissolve the marriage and as compensation part of the wife’s property is handed over to the husband. In this consideration is the important part and actual delivery is not mandatory i.e. husband cannot revoke his consent once given merely on the basis that consideration has not been paid.
2. Mubarak: This is the desire for a divorce from both parties but either party can propose this and once it is accepted by the other divorce becomes irrevocable.

 For Sunnis, Parties surrender their rights & obligations once entered into Mubarak. On the contrary, Shias need a proper form, that is Talaq shall be followed by the word Mubarak.

3. Mutual Divorce under Christian Law:

Christian Divorce is governed by the Divorce Act of 1869, Section 10 A of the Act talks about Mutual divorce. Petitions can be filed by both the spouses in appropriate district court.

Grounds:

1. Parties are not living together for 1 year
2. Spouses are not able to reconcile
3. The decision of separation is taken by both spouses

**Petition can be withdrawn after 6 months from filing it in court but before the time period of 18 months has lapsed.

4. Mutual divorce under Parsi Law:

Section 32 B of the Parsi Marriage & Divorce Act 1936 governs the mutual divorce of Parsis.  Certain conditions need to be fulfilled:

1. Spouses have been living separately for 1 year or more
2. Spouses are not able to reconcile
3. The decision of separation is taken by both spouses

Once the Court is satisfied after its inquiry, that the facts mentioned in the petition are true and the consent of both parties is present for the mutual divorce without any force or fraud, the court shall pass a decree of mutual divorce.

5. Mutual Divorce under the Special Marriage Act:

Section 28 of the Special Marriage Act, of 1954 talks about mutual divorce and is applicable to inter-religious marriages. Some conditions which are to be fulfilled is:

1. Marriage has been solemnized as per section 4 to section 14 of the Special Marriage Act.
2. Spouses have settled their disputes already
3. If Spouses have a child then they have reached a conclusion on how he or they shall be raised.  

Lead India is a law firm that has a plethora of mutual divorce lawyers who can help you in filing mutual divorce petitions irrespective of any religion.