Divorce by Mutual Consent, as the name suggests, means when both Husband and wife agree amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, then such a Divorce petition presented then such a Divorce petition presented jointly before the honourable court, is known as mutual consent Divorce.
(a) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.
But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.
(b) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.
(c) The parties have freely consented to the agreement of dissolution of marriage.
Our experts can help you out in such kind of divorce. All you need to do is provide us with the relevant documents and our expert will file the petition for both first and second motion for you and will appear along with you before the hon'ble family court.