{"id":103,"date":"2025-05-14T06:08:47","date_gmt":"2025-05-14T06:08:47","guid":{"rendered":"https:\/\/duasnduas.com\/?p=103"},"modified":"2025-07-10T04:42:50","modified_gmt":"2025-07-10T04:42:50","slug":"divorce-way-mutual-consent","status":"publish","type":"post","link":"https:\/\/duasnduas.com\/resources\/divorce-way-mutual-consent\/","title":{"rendered":"Divorce By Way Of Mutual Consent"},"content":{"rendered":"
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Divorce by way of Mutual Consent<\/h2>\n

Divorce by way of Mutual Consent -As per\u00a0Hindu Marriage Act, 1955<\/a>\u00a0, a spouse can seek divorce from the other either on the basis of grounds specified in the Act which is known as contested divorce or by way of mutual consent wherein both the parties have decided to part ways by settling the terms and conditions of the separation. Before we proceed to explain the process of Divorce by way of Mutual Consent, it is important to point out here that wherein both the parties are engrossed in a Divorce battle, and either due to the intervention of the Court, Mediation, Conciliation or any 3rd factor, the parties decide to part ways by Mutual Consent, in that scenario, the Contested Divorce Petition is to be withdrawn on the basis of the settlement and divorce by way of mutual consent has to be applied before the concerned Court. This process can be effectively navigated with the guidance of the\u00a0Best Divorce Lawyer in Delhi<\/strong><\/a>\u00a0ensuring that the settlement is legally sound and acceptable to both parties.<\/p>\n

As far as divorce by way of mutual consent is concerned, the same is governed by Section 13B of\u00a0Hindu Marriage Act, 1955<\/a>. As per\u00a0Section 13B of Hindu Marriage Act,1955<\/a>, the parties can obtain divorce by way of mutual consent when all terms and conditions, including alimony, maintenance, custody, and visitation of children (if any), have already been settled. Consulting the\u00a0Best Divorce Attorney in Delhi<\/strong><\/a>\u00a0can help ensure these agreements are thorough and in compliance with the law.<\/p>\n

Once the parties decide to obtain divorce by way of mutual consent and settle the terms, a joint petition is filed under Section 13 B(1) of the\u00a0Hindu Marriage Act, 1955<\/strong>\u00a0(also known as the First Motion Petition of Divorce by way of Mutual Consent). The concerned Court records the statement of both parties as per the settlement and ensures compliance with the agreed terms while recording the statements. After due satisfaction, the Court allows the Petition under Section 13 B(1) of the Hindu Marriage Act, 1955. The\u00a0Best Divorce Advocate in Delhi<\/strong><\/a> can guide parties through this critical stage, ensuring that the legal proceedings are conducted smoothly.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Cooling off Period<\/h3>\n

After the disposal of the Petition under Section 13 B(1) of Hindu Marriage Act, 1955, the first part of the divorce by way of mutual consent is completed. As per law, there is a cooling off period of 6 months before the second part i.e. Petition under Section 13 B(2) of Hindu Marriage Act, 1955 is initiated and filed.This cooling off period of 6 months is statutory gap before filing the petition under Section 13 B(2) of Hindu Marriage Act, 1955(also known as second motion petition of divorce by way of mutual consent).As per law it is not permissible to Condone this statutory gap\/ cooling off period between two motions of divorce by way of mutual consent under section 13 B of Hindu Marriage Act, 1955.<\/p>\n

However, the parties who have fought for a considerable period of time and there are no chances of reconciliation left amongst them, the waiver of statutory gap in such cases acts as a miracle as such parties, on settlement, wishes to get out of the litigation within a spur of moment.<\/p>\n

\"Divorce<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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The Honourable Supreme Court after gauging such hassles and problems faced by such spouses who have already fought for a considerable period of time, the sour battle, devised out certain directions in\u00a0Amardeep Singh v. Harveen Kaur<\/em>.\u00a0<\/em><\/a>The Hon`ble Supreme Court held that this mandate for waiting period was found to be causing hardships in certain cases. The Court further\u00a0<\/em>held that the six months waiting period as prescribed under Section 13B(2) of the HMA is not mandatory and that the same can be waived by the Family Court in exceptional circumstances.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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The factors which will warrant the waiving of the waiting period are<\/h3>\n