In case both husband and wife
willing to be separated, may file petition for a decree of divorce by mutual
consent in the Court. The grounds on which petition may be filed are:
(i)
They have been living separately for a period of one year or more, and
(ii)
They have not been able to live together; and
(iii)
They have mutually agreed that the marriage should be dissolved.
The Petition is filed as per the
provisions of Section 13-B of Hindu Marriage Act, 1955
After presenting the petition, the
spouse may again approach the Court with motion after the expiry of 6 months,
however before the expiry of 18 months from the date of first approaching the
Court. In case Spouse so approaches the Court after hearing the parties passes
a decree of divorce by mutual consent.
Waiving of six month period
Six months cooling period is given
by the law to have a second thought by the spouse. However the Courts have been
waiving off the six months period in exceptional circumstances.
The Govt. has also proposed
amendments in the Hindu Marriage Act, 1955 to give power to the Court to waive
the aforesaid 6 months period.