Section 10A of The Divorce Act, 1869
1[(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage 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 Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
- (2)On the motion of both the parties made not earlier than six months after the date of 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage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 declaring the marriage to be dissolved with effect from the date of decree.]
Summary
- A husband and wife can get a divorce by mutual consent, meaning they both agree to end the marriage without blaming each other.
- To do this, they must present a petition to the District Court together.
- They must prove they have been living separately for at least two years and have not been able to live together.
- After filing the paperwork, the couple must wait at least six months, but they cannot wait longer than eighteen months to ask the court to finish the process.
- If they do not withdraw the petition, the court will hear them, check that the facts are true, and then declare the marriage dissolved.
Practical examples
FAQ
1. How long must a couple live separately before they can file for divorce by mutual consent?
They must be living separately for a period of two years or more.
2. Who has to file the petition for a mutual consent divorce?
Both the parties to a marriage must present the petition together.
3. How soon can the court grant the divorce after the couple files the petition?
The couple must wait not earlier than six months after the date they presented the petition.
4. Is there a deadline to ask the court to finalize the divorce?
Yes, the motion must be made not later than eighteen months after the date the petition was presented.
Test yourself
Q1.Under Section 10A of The Divorce Act, 1869, how long must a couple live separately before they can file a petition for mutual consent divorce?
Q2.Under Section 10A of The Divorce Act, 1869, what is the earliest time the couple can move the court to finalize the divorce after presenting the initial petition?
Q3.Under Section 10A of The Divorce Act, 1869, what is the maximum time allowed for the parties to ask the court to finalize the divorce after presenting the initial petition?
Q4.Looking at both Section 10A and Section 10 of The Divorce Act, 1869, what makes the filing process under Section 10A fundamentally different from a fault-based petition under Section 10?