Matrimonial dispute resolution in India prioritizes amicable settlement where possible. When spouses mutually agree that the marriage has broken down irretrievably, Section 13B of the Hindu Marriage Act, 1955 provides the most dignified, expeditious procedure.
To petition for divorce by mutual consent, spouses must have lived separately for a period of one year or more, and must satisfy the court that they have not been able to live together. The process entails two distinct motions: the First Motion, followed by a statutory reflection period before the Second Motion hearing.
In landmark rulings such as Amardeep Singh v. Harveen Kaur (2017), the Supreme Court clarified that the statutory six-month waiting period can be waived by the court in genuine cases where all mediation and settlement efforts have concluded and further waiting would cause unnecessary hardship.
A well-drafted Mutual Settlement Agreement is critical. It must delineate with precision the terms of permanent maintenance, settlement of Streedhan properties, visitation rights, and withdrawal of any pending criminal complaints.
In contested matters under Section 13, grounds such as cruelty, desertion, or adultery require documentary and witness evidence presented systematically before the Family Court or District Judge at Chandausi.