Under Section 28(1) of the Special Marriage Act, 1954, one ground for mutual consent divorce is that:

Section 28(1) rests on three statements: that the parties 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. Non-consummation and imprisonment are fault or nullity matters, not elements of divorce by mutual consent.