Mutual Consent Divorce in Panchkula and Chandigarh

Mutual consent divorce Panchkula spouses file is a joint petition in which both parties ask the court to dissolve the marriage because they have agreed to part. For Hindus, Sikhs, Jains and Buddhists the provision is Section 13B of the Hindu Marriage Act, 1955 (HMA). The advocates at Aggarwal Associates prepare and appear in such petitions before the Family Court at the District Courts, Sector 1, Panchkula, and the Family Court at Sector 43, Chandigarh. This page is a general explanation; the contested route is described on our divorce lawyer in Panchkula page.

Eligibility under Section 13B HMA

A joint petition may be presented when the spouses state that:

• they have been living separately for a period of one year or more immediately before the petition;
• they have not been able to live together; and
• they have mutually agreed that the marriage should be dissolved.

"Living separately" is understood as not living as husband and wife, and may be satisfied even where the spouses stay under one roof. Section 14 HMA, which ordinarily bars any divorce petition within one year of marriage, is a separate requirement that also needs to be considered. Consent must be genuine, and it must continue until the decree is passed; a party may withdraw consent before then.

First motion and second motion

The process runs in two stages. The first motion is the joint petition, signed and verified by both spouses with supporting affidavits. The court records the statements of the parties and, if satisfied that the petition is in order, passes an order on the first motion. The second motion is a further joint application made after the statutory waiting period, on which the court hears the parties again, confirms that the consent subsists and then passes the decree of divorce.

The six-month period and its waiver

Section 13B(2) provides that the second motion is to be moved not earlier than six months and not later than eighteen months after the petition is presented. This period is intended to give the spouses time to reconsider.

In Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746, the Supreme Court held that the six-month period is directory and not mandatory, so a court may waive it in an appropriate case. The court indicated that waiver can be considered where, among other things, the statutory separation period has already run, efforts at mediation or conciliation have failed and further efforts appear futile, the parties have genuinely settled their differences including alimony, custody of children and other pending claims, and waiting would only prolong the hardship of the parties. A request for cooling-off period waiver is made by a separate application, and whether it is allowed is entirely for the court to decide on the facts and material before it.

Settlement terms usually recorded

A mutual petition is accompanied by a settlement or memorandum of understanding. Matters commonly addressed include:

• Alimony or permanent maintenance, whether paid in one sum or in instalments, and whether it is in full and final settlement of claims under Section 25 HMA and Section 144 BNSS;
• Custody and visitation for children, and responsibility for their education and expenses;
• Stridhan and dowry articles, and the return of the belongings of each side;
• Pending cases: withdrawal or quashing of cross-litigation such as complaints under Section 85 BNS (formerly Section 498A IPC), maintenance petitions or domestic violence applications. Quashing of a criminal case on settlement is considered by the Punjab & Haryana High Court under Section 528 BNSS (formerly Section 482 CrPC), as explained on our maintenance, custody and domestic violence page.

The terms must be clear and lawful; the court may examine them and can decline to act on a settlement that appears to be against the interests of a child or the result of pressure.

Step-by-step process

Documents checklist

• Proof of marriage (certificate, photographs, invitation card);
• Identity and address proof of both spouses, and passport-size photographs;
• Evidence of separate residence for at least one year;
• Signed settlement terms or memorandum of understanding;
• Income documents and, where required, affidavits of assets and liabilities;
• Birth certificates of children; and
• Copies of orders in any pending case between the parties.

Appearance of the parties

As a rule, both spouses are required to appear before the court and have their statements recorded on both motions. Courts have, in some cases, allowed one party, particularly a spouse residing abroad, to be examined by video conferencing or to sign through an authorised representative. This is not a right: it depends on the court's directions, the consent of the other party and the circumstances. The position should be confirmed with the concerned Family Court before planning travel.

Marriages under the Special Marriage Act

For marriages under the Special Marriage Act, 1954, Section 28 is the equivalent of Section 13B HMA. It requires living separately for one year or more, inability to live together and mutual agreement, with the second motion between six months and eighteen months after the first. Christians can use Section 10A of the Divorce Act, 1869, which requires separation of two years or more. The reasoning in Amardeep Singh concerns Section 13B HMA; whether it is applied to other statutes is for the court.

Frequently asked questions

Anyone considering mutual consent divorce Panchkula or Chandigarh courts entertain can find the office address and contact details on the contact page.

This page is general information, not legal advice. Laws and procedures change; the position in your matter depends on its facts.