Divorce by Mutual Consent under Hindu Marriage Law

If neither you nor your spouse want to continue the marriage, you have the option to apply for a divorce by mutual consent.

You and your spouse can go to Court if:

• Both of you have been living separately for more than one year.
• Both of you have not been able to live together.
• Both of you have consented to end your marriage.

Under the law, you can file for this kind of divorce only after one year of marriage. After filing, the Courts will give you a minimum period of 6 months up to 18 months to reconcile with your spouse and withdraw your petition if you wish to do so – to reflect on whether or not both you and your spouse truly want to pursue the divorce.

For example, if Jitendra and Vahida got married on the 9th of January, 2018 and they want to divorce each other, they have to wait till the 9th of January, 2019. After filing the case on 9th of January 2019, the Courts will give them 6-18 months time to decide whether they want to pursue the divorce.

This minimum period of 6 months time limit is not a strict rule as Courts in India have waived the time limit in cases where:

• There is no chance of you and your spouse reuniting.
• All efforts of mediation and conciliation between you and your spouse have failed.
• You and your spouse have settled all issues that normally arise in divorce proceedings, such as maintenance, custody of children etc.
• If the waiting period after filing the case of 6 to 18 months, prolongs your agony and suffering.
• When you have filed a case against your spouse for divorce, and then later both you and your spouse decide to mutually divorce each other.