According to Section 13-B of the Hindu Marriage Act, the husband and wife must jointly file the petition in the Family Court with jurisdiction to grant the divorce by mutual consent. The terms of getting a divorce by mutual consent and filing for divorce are specifically mentioned in the statute.
Regardless of whether the marriage was consummated before or after the Marriage Laws (Amendment) Act, 1976 (68 of 1976), both parties to the marriage may jointly petition the district court for the dissolution of the marriage by a decree of divorce on the grounds that they have been living apart for at least one year, that they are unable to cohabit, and that they have mutually decided that the marriage should end.
If the petition is not withdrawn in the interim, the court shall issue a divorce decree upon the motion of either party made not earlier than six months after the date of the presentation of the petition referred to in subsection (1) and not later than eighteen months after the said date, if the petition was not withdrawn in that time.
Section 19: Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii)the parties to the marriage last resided together, or
(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Stage 1: Before filing the divorce petition, there must be a one-year separation period. However, in cases of extreme hardship, the court may grant a suspension of this time by filing the proper forms.
Step 2: Preparation of a settlement agreement between husband and wife.
Step 3: At the court stage, filing a joint petition in accordance with Section 13 B of the Hindu
Marriage Act and including affidavits from both the husband and the wife.
Step 4: First Motion statement is recorded.
Step 5: Cooling Off Period of 6 Months
Step 6: Second Motion statement is recorded
Step 7: Divorce Decree granted