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.
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