Divorce by Mutual Consent has emerged as one of the most sought and big relief after the introduction of provision for divorce. Mutual Consent was introduced in 1976 by Marriage Law Amendment Bill 1976. Section 13(B) of the Hindu Marriage Act 1955, Section 28 of the Special Marriage Act, 1954, and Section 10A of the Divorce Act, 1869 deals with divorce by mutual consent.

For mutual divorce a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.  

Both the parties will have to appear before the family court after the filing of the petition either in person or through their counsel. The court would critically observe the petition along with all the documents presented in the court. The court may try reconciliation between the spouses.

After the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath. Once the statements are recorded, an order on the first motion is passed by the court.

After this, a six months period is given to both the parties to a divorce, before they can file the second motion Recently the court has waived the minimum six months period in cases where the statutory period of six months in addition to the statutory period of one year of separation of parties is already over before the first motion itself. And in cases all efforts for mediation / conciliation including efforts under the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts. The court is fully satisfied that the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties and the waiting period will only prolong their agony.

The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be at the discretion of the concerned Court.

The parties are at liberty to withdraw the petition. It seems that the petition may be withdrawn even at the instace of one party in the course of six months from the date of presentation of the petition. But when a joint motion is taken by the parties after the lapse of six months but before the expiry of eighteen months from the date of presentation of the petition for making inquiry, the unilateral right of a party to withdraw the petition appears to be barred.