DIVORCE BY MUTUAL CONSENT

UNDER ALL PERSONAL LAW

NAME – DEEKSHA BAJPAI
CLASS- BBALLB (4 SEM)
ROLL NUMBER - 59
 Under Hindu Law
• Sec 13(B) – Divorce by mutual consent
• The provisions relating to mutual divorce is
added by Marriage Laws (Amendment)
Act,1976.
• It provides divorce by mutual consent to both
the parties to the marriage.
• Has been given a retrospective effect.
• U/s 13(B)(1) – such a petition is required to be moved
jointly by the parties to a marriage on the grounds of
–
• They have been living separately for a period of 1
year or more.
• That they have not been able to live together
• That they have agreed that the marriage be dissolved
with effect from the date of te decree.
• U/s 13(B)(2) – it is the duty of the court to fight for
saving the marriage, but when the court is fully
satisfied on the basis of provided facts , it puts
marriage to an end.
• Case – sushma pramod taksande
v/s
pramod ramaji(2009)
Wife challenged the decree of divorce by mutual
consent on the ground that her signature was
obtained by force , fraud and there was no
seperation for 1 year
Held – that consent was not obtained by force , fraud
they mutually agreed for the dissolution of
marriage.
 Under muslim law
• Sec 319(1) – under Muslim law a divorce may
take place also by mutual consent of husband
and wife. Existence of any prior agreement or
delegation of authority . It takes place anytime
whenever the husband and wife feel that it is
impossible for them to live with mutual love.
• There are two forms of divorce by mutual
consent
1. Khula
2. Mubarat
 Khula
• It means divorce by wife with the consent of her
husband on the payment of something to him.

• Essentials

1. Competence of parties
2. Free Consent
3. Formalities
4. Consideration
 Mubarat

• In mubarat both the parties are equally willing

to dissolve the marriage. Therefore , in
Mubarat the offer for separation may come
from either the husband or the wife to be
accepted by the other. So who takes initiative
is irrelevant. One of the important feature is
that both the parties are equally interested ti
dissolve the marriage.
 Under Christian law
• Christians are governed by Indian Divorce Act
in case of divorce by mutual consent
• Sec 10(A)(1) of the act says that Christian
couples who have lived separately for a period
of 2 years can seek divorce by Mutual consent.
THANK YOU