BREAKING TIES AMICABLY: AN ANALYSIS OF DIVORCE BY MUTUAL CONSENT

AUTHOR- SUBRAT SINGH* & DR ARVIND KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

** PROFESSOR AT AMITY UNIVERSITY, LUCKNOW, UTTAR PRADESH

BEST CITATION – SUBRAT SINGH & DR ARVIND KUMAR SINGH, BREAKING TIES AMICABLY: AN ANALYSIS OF DIVORCE BY MUTUAL CONSENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 35 -41, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

In Hindus, marriage was seen as a permanent and lifelong institution. However, with evolving times the provision of divorce was introduced to fulfill the needs of the changing society. Divorce involving mutual consent of the husband and wife is considered to be the most cooperative and amicable form of divorce.  In this research paper an analysis of the statutory provisions of this form of divorce under the Hindu Marriage Act, 1954 and the judicial interpretation of its provisions are covered. It is further analyzed by going through the procedure for this divorce and its various advantages.

A study was also conducted to know about the awareness and public perception of Divorce by Mutual consent under Hindu law. Quantitative data was collected from 70 people through an online questionnaire. The key findings from the data collected and analyzed were that there is high awareness of this provision, and that divorce is still seen as a disgrace and dishonor upon the family and thus spouses continue their unhealthy marriage despite willingness to separate. The opinion of public on waving of the cooling off period and the need for legal reforms in it were also taken.

Keywords: No-Fault divorce, Divorce by mutual consent, amicable divorce