Mutual Consent Divorce Petition

The primary statute governing mutual consent divorce for Hindus is the Hindu Marriage Act, 1955, specifically Section 13B. For couples married under the Special Marriage Act, 1954, the relevant provision is Section 28. Both provisions require the spouses to have been living separately for a period of not less than one year before filing the petition, and that they have mutually agreed that the marriage cannot be sustained. A Mutual Consent Divorce Lawyer will ensure the petition complies with the applicable Act.

The petition is filed in the Family Court of the district where the marriage was solemnized or where the spouses last resided together. If no Family Court exists, the petition is filed in the District Court. The official e-courts portal (https://ecourts.gov.in) provides case status and cause lists. A Divorce Lawyer India will handle the filing and track the case through this portal.

The process under Section 13B of the Hindu Marriage Act, 1955, involves two stages:

1. First Motion (Joint Petition): Both spouses sign a joint petition stating that they have been living separately for at least one year, that they have mutually agreed to dissolve the marriage, and that consent has not been obtained by force or fraud. The petition is filed along with affidavits and supporting documents.
2. Cooling-off Period: After the first motion, the court grants a period of six to eighteen months (as per the statute) to allow the parties to reconsider. The court may waive this period in exceptional cases, but generally it is observed.
3. Second Motion (Final Decree): After the cooling-off period, both parties appear before the court to confirm their consent. If the court is satisfied, it passes a decree of divorce dissolving the marriage.

A Mutual Consent Divorce Lawyer will prepare the petition, coordinate with the other spouse's counsel, and represent you at both motions.

The following documents are typically required:

• Joint Petition under Section 13B of the Hindu Marriage Act, 1955 (or Section 28 of the Special Marriage Act, 1954).
• Affidavits from both spouses confirming mutual consent and the terms of settlement (custody, maintenance, alimony, etc.).
• Marriage Certificate or proof of marriage.
• Proof of Separation (e.g., separate residence proofs, affidavits).
• Photographs of the couple (for identification).
• Identity Proofs (Aadhaar, Voter ID, Passport) of both spouses.

A Divorce Lawyer India will ensure all forms are correctly filled and notarized where required.

To file a mutual consent divorce petition, the following conditions must be met:

• The spouses have been living separately for a period of one year or more immediately before filing the petition.
• They have mutually agreed that the marriage cannot be continued.
• The consent of both parties is free, voluntary, and not obtained by force, fraud, or undue influence.
• There is no collusion between the parties to defeat the purpose of the marriage.

A Mutual Consent Divorce Lawyer will verify these conditions before filing.

The timeline for a mutual consent divorce is governed by the statutory cooling-off period under Section 13B of the Hindu Marriage Act, 1955. The court typically allows a period of six months between the first and second motion, though this can be waived in exceptional circumstances. The overall duration depends on court scheduling and the completion of procedural steps. A Divorce Lawyer India will provide a realistic estimate based on the specific court's caseload.

The court fee for filing a mutual consent divorce petition varies by state. Below is an indicative table of government-prescribed court fees (subject to change):

Note: These are the court fees payable to the government. A Mutual Consent Divorce Lawyer will charge separate professional fees, which should be discussed during consultation.