A mutual consent divorce requires the parties to have lived separately for a period of one year and to file a joint petition attesting that they are unable to live together and have agreed to dissolve the marriage.
The statute contemplates a second motion after six months from the first, giving the parties time to reconsider. The Supreme Court in Amardeep Singh v Harveen Kaur held that this period is directory and may be waived where reconciliation is not possible and the parties have settled all issues.
Practical drafting matters: a robust settlement covering maintenance, streedhan, custody and future correspondence prevents post-decree litigation. We recommend a joint memorandum recorded before the court on the day of the second motion.