Mutual Consent Divorce in India: Procedure, Timeline and Settlement Terms

Who can apply

Under Section 13B of the Hindu Marriage Act, 1955, spouses may jointly petition for divorce if they have been living separately for one year or more, have not been able to live together, and have mutually agreed to dissolve the marriage. The Special Marriage Act, 1954 has a similar provision in Section 28.

Where to file

The petition is filed before the Family Court where the marriage was solemnised, where the parties last resided together, or where the wife resides.

First motion

Both spouses appear before the court, the joint petition is presented and their statements are recorded.

Second motion

The second motion is moved not earlier than six months and not later than eighteen months after the first. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period may be waived where the court is satisfied that there is no chance of reconciliation and other conditions are met.

What the settlement should cover

• Permanent alimony or one-time settlement amount and mode of payment
• Return of stridhan and personal belongings
• Custody and visitation of children, and child support
• Withdrawal of other pending cases between the parties
• Division of jointly held property

Practical tips

• Put every term in writing before the first motion
• Link payments to the stages of the case
• Ensure consent is genuine — either party can withdraw before the decree