Divorce By Mutual Consent

Under Indian law, divorce by mutual consent allows both spouses to dissolve their marriage without any conflict. The inherent cost-efficiency of a non-contentious divorce process, in addition to the judiciary adopting a progressive stance on marriage and divorce, has established this as a preferred mode for couples seeking to end a marriage amicably.

This is a significant shift from the traditional divorce practices in Hindu tradition, where marriage was considered a sacrament and divorce was frowned upon; however, as the country's legal system evolved, the concept of divorce was formalised through amendments to various marriage and family laws. While the concept of dissolution of marriage by mutual consent has been part of the Special Marriage Act, 1954¹ since its inception covering marriages between individuals of different religions or those choosing to marry under the secular law, it was introduced in the personal laws for Hindus in 1976 under Section 13B of