What is a mutual consent divorce (MCD) in India and how to get it?

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A mutual consent divorce is where both the husband and wife agree that their marriage has broken down and cannot be repaired, and jointly sign the divorce petition.

It is based on section 13(B) of the Hindu Marriage Act

1. 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 solemnised before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 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.

2. On the motion of both the parties made 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnised 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.]

Divorce by mutual consent is one of the most preferred ways to get divorce, and saves the parties having to undergo many years of contentious litigation for a contested divorce, costing a lot of wasted money, time and effort.

Procedure for getting MCD from the court

Both the parties have to file an application before the court stating the circumstances of marriage, the fact that the parties have been living separately for some time, the fact that the marriage has broken down irretrievably and hence they wish to apply for a divorce. The application may also include an appendix with mutually agreed terms and conditions for the divorce, such as return of streedhan and wife’s jewellery and alimony granted to the wife, along with withdrawal of any currently running cases.

Upon receipt of the MCD application, the court grants the parties a period of minimum 6 months to attempt to make up and save the marriage. The court may also propose mediation or counselling between the parties. The next hearing is held after the minimum period of 6 months.

At the hearing after 6 months, the judge questions both the parties to be satisfied that the marriage is truly broken down and they are applying for divorce out of their free will without any coercion, and if so, grants the decree of divorce.

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