⚖️ What is Mutual Consent Divorce?
A Mutual Consent Divorce is the simplest and most peaceful way to dissolve a marriage when both husband and wife mutually agree to separate. It is governed by:
- Section 13B of the Hindu Marriage Act, 1955 (for Hindus, Sikhs, Jains, Buddhists)
- Section 28 of the Special Marriage Act, 1954 (for inter-religious or civil marriages)
The key idea is mutual agreement, not fault. There is no allegation, no contest, just a legal acknowledgment of separation.
📜 Conditions for Mutual Consent Divorce
- Husband and wife must live separately for at least one year before filing.
- Both must agree that the marriage has irretrievably broken down.
- All major issues — alimony, child custody, property, and maintenance — should be settled mutually.
🧾 Documents Required
- Marriage Certificate / Marriage Proof
- Passport-size Photos (Both Parties)
- Address Proof (Aadhaar, Voter ID, Passport, etc.)
- Identity Proof (PAN, DL, etc.)
- Joint Petition for Divorce (drafted by lawyer)
- Settlement Agreement (signed by both parties)
- Proof of Living Separately (optional but helpful)
For NRIs or foreign nationals, additional requirements may include passport, visa copy, and an affidavit of appearance through power of attorney.
🏛️ Step-by-Step Process
1️⃣ Consultation & Settlement
Our experts help both parties outline terms—alimony, custody, maintenance, etc.—and prepare a settlement agreement.
2️⃣ First Motion Filing
A joint petition is filed before the Family Court under Section 13B(1).
Both spouses appear before the Judge and record their statements.
3️⃣ Cooling-Off Period
A 6-month waiting period is generally observed for reconciliation.
Courts may waive this period based on facts, following Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746.
4️⃣ Second Motion & Decree
After the waiting period (or waiver), both parties reaffirm consent under Section 13B(2).
The Court grants a Decree of Divorce, finalizing the separation.
Typical duration: 6–12 months (may vary if waiver is granted).
⚖️ Relevant Case Laws
- Amardeep Singh v. Harveen Kaur, (2017) 8 SCC 746 – 6-month period under Section 13B(2) is directory, not mandatory.
- Samar Ghosh v. Jaya Ghosh, (2007) 4 SCC 511 – Defined “mental cruelty” and irretrievable breakdown principles.
- Sureshta Devi v. Om Prakash, (1991) 2 SCC 25 – Explained the requirement of continuous mutual consent.
💬 Advantages of Mutual Consent Divorce
✅ Peaceful & non-adversarial process
✅ Time-saving & cost-effective
✅ No need for multiple hearings or long trials
✅ Privacy & dignity maintained
✅ Legally valid across India and abroad
📍 All-India Legal Assistance
We assist in filing and representation before Family Courts across India, including:
Delhi • Gurugram • Noida • Jaipur • Mumbai • Pune • Hyderabad • Chennai • Kolkata • Bengaluru • Lucknow • Ahmedabad • Chandigarh • Patna • Indore • Bhopal • and more.
💰 Professional Fee & Process Support
- Transparent legal fee (based on city & complexity)
- Official court fee extra as per jurisdiction
- Online and offline filing support available
📞 Call/WhatsApp: 9990649999, 9999889091
🌐 Visit: www.courtmarriage.in
📋 Quick Checklist
| Step | Task | Timeframe |
|---|---|---|
| 1 | Consultation & Drafting Petition | 1–2 Days |
| 2 | Filing of First Motion | 2–5 Days |
| 3 | Cooling-Off or Waiver | 6 Months (or waived) |
| 4 | Second Motion & Decree | 1–2 Weeks |
❓ FAQs
Q1. Can we file for mutual divorce online?
Yes, initial consultations and drafting can be done online. However, both parties must personally appear before the court for statements.
Q2. Is the 6-month period compulsory?
No. Courts can waive it based on circumstances (as per Amardeep Singh v. Harveen Kaur).
Q3. What if one party withdraws consent?
The divorce cannot be granted; both must maintain consent till the Second Motion.
Q4. Can custody or alimony terms be changed later?
Only through a new agreement or by court order if circumstances change significantly.
Q5. Is the decree valid abroad?
Yes, if obtained in compliance with Indian law and procedure, recognized under Section 13 CPC.
💼 Contact Us
Delhi Law Firm® – All India Legal Services
📞 9990649999, 9999889091
🌐 www.courtmarriage.in
Disclaimer: This post is for informational purposes only and does not constitute legal advice. Procedures and timelines vary by jurisdiction and facts of each case.