Divorce by mutual consent basically means when husband and wife gives their consent for a peaceful separation with each other. While giving their consent for the mutual divorce, both husband and wife should agree to all terms and conditions of divorce regarding maintenance and alimony or custody of children if any.The provisions regarding divorce with mutual consent are given under section 13-B of the Hindu Marriage Act, 1955 and section 28 of the special marriage act, 1954. Parties intending to dissolve marriage under Hindu Marriage Act are required to wait for at least one year from the date of marriage.They have to show that they have been been living separately for a period of one year or more before the presentation of the petition of divorce and that during this period of separation they have not able to live together as husband and wife.Mutual consent is the best way of separation as it saves time, energy and money and avoids unnecessary quarrel.
