Divorce by Mutual Consent has emerged as one of the most sought after modes of obtaining divorce in the recent times. Section 13B of the Hindu Marriage Act, 1955 enumerates the law pertaining to divorce by mutual consent. One of the basic essential ingredient to obtain divorce through mutual consent is that both the parties i.e. husband and wife mutually agree to obtain divorce.
Essential Ingredients of Section 13B of the Act:-
A divorce petition is presented by both the parties before the District Court.
The provision applies to marriages solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976.
The parties to the marriage should have been living separately for a period of one year or more.
The parties should satisfy the Court that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
Period of Interregnum- The petition should not have been withdrawn within six months after the date of the presentation of the petition and not later than eighteen months after the said date.