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MUTUAL CONSENT

A husband has the right to require his wife to live with him wherever he may choose to reside. On the other hand, it is the corresponding duty of the wife to live with her husband.

Divorce by Mutual Consent: When both parties — the husband and wife — have irreconcilable temperamental differences and mutually agree that they cannot live together under one roof, they can jointly seek a decree of divorce. In such cases, the courts grant divorce based on mutual consent, which is typically quicker and simpler than contested cases.

The couple must prove that they have lived separately for at least one year and are unable to live together. Matters such as custody of children, maintenance, and property rights are mutually agreed upon between the parties. If the court believes reconciliation is possible, it can impose a waiting period of 6 to 18 months from the date of petition filing before granting the decree.

Importantly, “living separately” does not necessarily mean residing in different locations — it simply means that the couple has not lived together as husband and wife during that period.

A mutual consent petition is filed under Section 13B of the Hindu Marriage Act, 1955. Divorce by mutual consent is cost-effective, straightforward, and faster compared to contested divorces.

Withdrawal of Consent

Either the husband or the wife may withdraw their consent for divorce at any point before the decree is granted, even before the 18-month waiting period expires. In such cases, the decree for divorce will not be issued.

Waiver of the Six-Month Period

Normally, the divorce process requires a six-month cooling-off period. However, if there is urgency and sufficient documentary evidence, the court has the discretion to waive this period.