Read detailed legal questions and professional answers provided by experienced NCDRC lawyers to help users understand their consumer rights, legal remedies, and court procedures.
Question:
What is mutual consent divorce and how does it work in India?
Answer:
Mutual consent divorce is the quickest and easiest way to end a marriage when both husband and wife want to separate. Hindu couples usually file it under Section 13B of the Hindu Marriage Act, 1955 in India. The parties should decide matters like permanent alimony, child custody, visitation rights, stridhan, property, pending complaints and future claims before filing. The first motion is filed in Family Court, statements are taken and then the second motion is moved after the statutory period or after waiver depending on the facts. It is very important that the deed of settlement is properly drafted as the court will consider whether the consent is free, genuine and full.