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Mutual Divorce Under Different Marriage Laws in India

The applicable law depends on how your marriage was performed or registered.

LawApplies ToMutual Divorce ProvisionSearch Intent
Hindu Marriage ActHindus, Sikhs, Buddhists, JainsSection 13B13B, waiver, first/second motion
Special Marriage ActCivil/inter-faith marriagesSection 28court marriage divorce
Divorce ActChristian marriagesSection 10AChristian mutual divorce
Muslim Personal LawMuslim spousesMubarat / mutual agreementmubarat, khula, court declaration
This table is a general guide. Registration documents and marriage facts must be checked before filing.

Marriage Act FAQs

Search-led questions mapped from user intent and common People Also Ask patterns.

It depends on how the marriage was solemnized or registered: Hindu Marriage Act, Special Marriage Act, Divorce Act for Christians, or Muslim personal law processes such as Mubarat.

Section 13B provides for divorce by mutual consent where both parties state they have lived separately, cannot live together and mutually agree to dissolve the marriage.

Section 28 is the mutual consent divorce provision for civil/inter-faith marriages registered under the Special Marriage Act.

Mubarat is a mutual divorce arrangement where both parties agree to dissolve the marriage and settle mehr, maintenance, custody and other terms.

Khula is generally initiated by the wife, while Mubarat is mutual. Documentation and court declaration may be useful for official records and overseas recognition.

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