A quick glance at laws pertaining to divorce in India makes it evident there are two ways in which divorce can be obtained: Mutual Consent Divorce (MCD) and Contested Divorce. Mutual Consent Divorce entails legally dissolving a marriage in accordance with the consent of the two partners. Under such divorces, both the spouses are in agreement over getting a divorce and terminating their marriage due to differences that are irreconcilable.

Courts where can one file for divorce under mutual consent?

As mentioned above, a divorce is granted under the laws of the religion one follows. Below are listed the courts where one can legally file for MCD.

  • Court: A petition must be made by the married couple together at the district court.
  • Requirements: The spouses must be living separately for a year or more. They were unable to live together and mutually agree that the marriage must be dissolved.

Under Muslim Law: The procedure for mutual consent divorce under Muslim law is quite different than it is under other religious laws. The procedure of Mubara’at (MCD) is discussed here.
Court Procedure:

  • A notice in writing must be given to the Chairman by the couple.
  • The “Chairman” here is the Chairman of the Union Council or the person that the government appoints or an officer assigned by the government who can carry out the duties of the chairman.
  • The chairman is required to set up an Arbitration Council within 30 days of the notice in order to try and reconcile the parties.
  • Talaq is ineffective until the expiration of the 90 days from the day the notice was delivered to the chairman .

Under Christian law: Section 10-A of the Divorce Act, 1869

  • Court: A petition must be made by the married couple together at the district court.
  • Requirements: The spouses must be living separately for two years or more. They were unable to live together and mutually agree that the marriage must be dissolved.

Under Parsi Law: Section 32-B of the Parsi Marriage and Divorce Act, 1936

  • Court: The spouses must file a suit for divorce together.
  • Requirements: The spouses must be living separately for a year or more. They were unable to live together and mutually agree that the marriage must be dissolved.

For marriage under Special Marriage Act, 1954: Section 28 of Special Marriage Act, 1954

  • Court: A petition must be made by the married couple together at the district court.
  • Requirements: The spouses must be living separately for a year or more. They were unable to live together and mutually agree that the marriage must be dissolved.