What is the legal process for obtaining divorce by mutual consent?

Response

Section 13 of the hindu marriage act 1955 deals with the grounds for divorce which are provided to botht the husband and the wife to file for divorce on grounds such as adultery, cruelty etc.However such petition for divorce must be presented after 1 year of the completion of the hindu marriage.

In a land mark ruling the madras high court ruled that the PCOS/PCOD condition of the wife cannot be a grounds for divorce as it does not amount to cruelty even if the fact was concealed during the decision of the marriage between the parties.It can only ben aground for divorce only if the such condition has direct bearing on the marriage between the parties. [Annapoorani v. S. Ritesh, 2021 SCC OnLine Mad 1079, decided on 16-03-2021]

you can file a petition for annulment of your marriage on the ground that your wife and her family members have taken your consent for the marriage by suppressing the vital fact that she is having PCOS and had the said fact been made known to you, then you would not have agreed to marry her.But it eill be hhard to prove in the court that such condition will have a bearing on her ability to give birth since if the court finds that the disease can be cured through medical treatments.

Reference: Hindu marriage act 1955

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