Who can apply?
In the beginning, the law relating to divorce was not very liberal and there was no provision to seek divorce by mutual consent. Rather while seeking divorce, the parties were bound to mention that there was no collusion. The courts were also conservative while granting relief to the spouses appearing before them. But gradually taking into consideration the practical situation faced by the aggrieved parties, the Legislature in its wisdom brought suitable legislation to make the divorce provisions more meaningful, liberal, and practicable.
There is no doubt that the fundamental duty of the particular marriage is to stay together, and to give each other the warmth and support expected by the life partners in the marriage. Every effort must, therefore, be made to protect the matrimonial home ignoring the trivial matters and petty quarrels and bickering by mutual tolerance for each other. But if it is impossible to adjust to each other’s temperament, and the warmth and support as also the marriage falls in its substratum, and the situation is ripe and appropriate for breaking the matrimonial ties with maximum care and least bitterness.
Who can go to the court?
All the Hindu spouses who have been married under the provisions of the Hindu Marriage Act, 1955 are entitled to take advantage of the amendment brought in the Act. Therefore, as per section 13B of the Marriage Laws (Amendment) Act, 1976, a petition for divorce can be made in the Court of District Judge to seek relief by way of mutual consent.