What is the procedure of Mutual Divorce under Hindu Law?
Laws relating to marriage among Hindus in India are governed by Hindu Marriage act 1955. If both the husband and wife have agreed to part their ways with their mutual understanding they can seek mutual divorce.
The divorce by mutual consent can be obtained by filing a joint petition under section 13B of the Hindu Marriage Act 1955 by both the husband and wife before the family court, having jurisdiction, stating the terms on which they are parting their ways like alimony, stirdhan, custody of children etc.
The divorce proceedings are divided in two parts which are called 1st motion and 2nd motion.
On filing of the 1st divorce petition before the court, both the parties have to appear before the court for recording their statement stating the terms and conditions on which they are seeking divorce. On recording of the statement, first motion divorce petition is accepted.
After the 1st motion petition is allowed, there is a mandatory period of 6 months to be elapsed before filing of the second motion petition.
The minimum period of 6 months in both the first and second motion petition is a mandatory period and cannot be waived except by the Hon’ble Supreme court of India in exceptional circumstances where there is an irretrievable breakdown of marriage or no chances of conciliation. Held in “Anil Kumar Jain vs Maya Jain dated 01.09.2009 having civil Appeal no 5952 of 2009.” The time of six months is granted so that both the parties can reconsider their decision and instead of dissolving their marriage resolve their differences.
When the period of 6 months is elapsed, both the husband and wife again have to appear before the court on filing of the 2nd motion petition for recording of statements confirming their decision taken at the time of recording of the first motion petition.
On recording of their statement of second motion petition, divorce is finalised and a decree of divorce by mutual consent is passed.