Fastest legal provisions and procedures to get Divorce in India

According to the legal provisions in India, in single-party divorce petitions, the onus is on the spouse filing for divorce to prove the grounds for divorce such as changing religion, cruelty, desertion and adultery. Usually, the cases go to criminal court under IPC 498A, followed by the demand for maintenance and alimony, allegations and the complicated cases are dragged for years, which cause lots of disturbance not just for the couples but for their families as well.

In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved.

But under Section 13B of the Hindu Marriage Act, both husband and wife can file petitions for mutual consent divorce. Before filing the petition, the couple must stay separately for at least six months. Divorce is granted after six-months citing that the marriage has irretrievably broken down, and that the spouses don’t have any right on each other’s property or person.

Section 13B in the Hindu Marriage Act, 1955, divorce by mutual consent

Subject to the provisions of this Act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , 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.

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referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been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