There is only one way to get easy divorce, both couple filing a joint petition pleading for decree of divorce based on mutual consent. At present, a petition for grant of a decree of divorce on the ground of mutual consent could be presented by both the parties to the marriage together before the court under sub-section (1) of section 13B of the Hindu Marriage Act, 1955 and similarly under sub-section (1) of section 28 of the Special Marriage Act, 1954.
Section 13B Hindu Marriage Act provided for divorce by mutual consent. Subsection (1) provided both the parties to the marriage can file a petition together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved. Then subsection 2 of 13B provided “On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime”. This means divorce by mutual consent cannot be filed without living separately for one year. Six months after filing first petition, they have to be present before the court and reaffirm their agreement to separate. They can withdraw this petition before six months or even after that. If their representation to the court is convincing and after making such inquiry as it thinks fit and ascertaining that a marriage has been solemnized between them that their averments in the petition are true, the court can pass a decree of divorce declaring the marriage to be dissolved with effect from that date of the decree. Eighteen months after the first petition the spouses are not expected to appear. The petition becomes waste or they are expected to convince the reasons for delay in reappearing before the court after first petition for divorce by mutual consent.
This means that a married couple who discovered that they cannot live together, they still have to live separately for one year, thereafter submit a joint petition disclosing their joint decision to separate, wait for six months and then again appear before the court and reaffirm their decision. Though it appears complex and time consuming this is the only easy mechanism the Hindu Marriage Act provided for divorcing. By any other means, it is not possible to get divorce when one spouses opposes the other, or divorce could be realized only after a couple of decades if the opposing party could spend to take it up to Supreme Court.
if Children then she have a right to maintenance.
