Indian Divorce Act now under the amended section 10A provides the following grounds on which a petition for dissolution of marriage can be presented in court based on mutual consent between husband and wife. The husband and wife have been living separately for two years or more, and they have not been able to live together. In such circumstances, they mutually agreed that the marriage should be dissolved.
A Divorce after one year is not possible for Christians, unlike Hindus. They should wait two years from the date of separation to file the mutual consent divorce petition. The above are the explicit conditions which are provided under Section 10A of the Divorce Act 1869. All the above grounds are mandatory before a petition for dissolution of marriage is present in court.
If any of the above grounds are missing from the petition for dissolution of marriage, the Court may reject such a petition. Even the cooling period is a minimum of six months to a maximum of 18 months. The court will try all sorts of reconciliation even when they file for divorce for mutual consent.
In the mutual consent process, a wife or husband at any stage of the case may withdraw the mutual consent petition. The court cannot compel them to get a divorce after they filed a mutual consent petition for divorce.
Author: K.P.Satish Kumar M.L.
Advocate, Madras High Court
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