Divorce by mutual consent

Divorce by mutual consent is addressed under S. 13 B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954. ... If after 6 months the petition is not withdrawn, the parties may move the court within 18 months, after which the Court may grant the divorce.

Section 28 in The Special Marriage Act, 1954

28. Divorce by mutual consent.—

(1) Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) 1[On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months] after the said date, if the petition is not withdrawn in the meantime, the district court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act, and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

Mutual Consent Divorce Petition format under Section 28 of Special Marriage Act. Divorce Petition with the consent of both the parties can be presented in the court on the ground that they have not been able to live together and that they have agreed to dissolve the marriage by Mutual Consent.

Format of Mutual Consent Petition for Decree of Divorce under Section 28 of Special Marriage Act to get divorce with the consent of both the parties.