Divorce by mutual consent:Quick Points

1. A petition for divorce by mutual consent must be moved jointly by both the husband and wife. 2. It is to be proved that the marriage between them had been solemnized. 3. It has also to be shown that they had not been able to live together. 4.They have been living separately for not less than one year immediately preceding the presentation of the plaint (not less than one year immediately before the filing of the case). 5. Living separately does not necessarily mean that the husband and wife have been living at different places/ houses. Even living in the same house but not performing marital obligations also qualify to be living separately. 6. It has to be shown that the marriage has broken down completely and no scope of reconciliation is left between the husband and the wife.  7. They have mutually agreed to bring an end to their marriage.  8. The court on receiving such an application/plaint for divorce by mutual consent will first order the couple to undergo six months gestation period in which they have to stay together and make honest attempt to reconcile so that a marriage could be saved. (Although in certain cases, where the court notices that there is no scope of settlement between the spouses, this mandatory period of 6 months can be waived).  9. After expiry of the 6 months gestation period, if the parties (husband and wife) continue to assert that their marriage be dissolved as jointly prayed by them, the court in not later than one year from the date of expiry of the 6 months gestation period shall pass a decree of divorce.  10. The entire procedure for obtaining decree of divorce "ideally" does not take less than 6 months and not more than 18 months from the date of filing of the case.  11. Maintenance amount (if any) also has to be decided mutually among the parties before the passing of the decree of divorce. 

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