A divorce by mutual consent can be obtained under Section 28 of the Special Marriage Act, 1954 if the marriage has been solemnised under the same Act.

The petition is to be presented by both the parties together to the court. The only ground on which they can do so is that they have been living separately for 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.

After the petition has been presented, both the parties must make a motion to have the marriage dissolved not earlier than six months after the date of the presentation of the petition and not later than eighteen months after the date.

The petition may be withdrawn in the meantime. If it has not been withdrawn, the Court shall pass a decree declaring the marriage to be dissolved with effect from the date of the decree.

However, to pass the decree, the Court must be satisfied that the marriage was solemnized under the Special Marriage Act and that the averments in the petition are true. In order to be satisfied of the, the Court hears the parties and makes an inquiry as it thinks fit.

The Section speaks of the divorce petition being presented to the District Court. However, under the Family Courts Act, 1984, the petition is to be presented to the Family Court unless there is no Family Court which has been established at the place where the petition is presented.