Mutual-consent divorce in India: step by step

Who can file for mutual-consent divorce?

Any married couple can, but the law that applies depends on how you married:

“Living separately” means not living as husband and wife. It can apply even if you shared a house for part of the time.

What are the steps in a mutual-consent divorce?

1. Agree the terms. Settle alimony or a one-time settlement, child custody and visits, return of stridhan and jewellery, and division of property. Put it in a written settlement.
2. File a joint petition in the family court that has jurisdiction (see below), with your affidavits and the settlement terms.
3. First motion. Both of you appear before the judge and your statements are recorded.
4. Cooling-off period. The law sets a six-month gap between the first and second motions. The Supreme Court held in Amardeep Singh v. Harveen Kaur (2017) that courts may waive it in suitable cases.
5. Second motion. Both of you confirm consent again. Under Section 13B(2) this must be no later than 18 months after the petition was filed.
6. Decree of divorce. If the court is satisfied, it grants the decree and the marriage is dissolved.

How long does a mutual-consent divorce take?

Usually at least six months from filing, because of the cooling-off period. It can be faster if the court waives that period, and longer if hearing dates are adjourned. Separation of one year must already have passed before you file.

Can I get a divorce in three months?

Only if the court waives the six-month cooling-off period. Courts look at factors such as how long you have already lived apart, whether mediation has failed, and whether all issues like alimony and custody are fully settled.

Where do we file the petition?

Under Section 19 of the Hindu Marriage Act, in the district or family court where the marriage took place, where the spouses last lived together, where the other spouse lives, or in some cases where the wife lives. For a joint petition, choose a court that fits one of these.

What documents are needed?

• Proof of marriage: marriage certificate, or wedding photos and invitation
• Address and identity proof for both spouses
• Proof of separation, if any, such as separate rent agreements
• Income details and tax returns, where alimony is involved
• The signed settlement terms

Can either spouse withdraw consent?

Yes. Consent must continue until the decree. Either spouse can withdraw it before the second motion, as the Supreme Court held in Sureshta Devi v. Om Prakash (1991). This is why a clear written settlement matters.