⚖️ Marriage is a sacred institution in India, yet when two individuals realize that living together is no longer possible, the law provides a dignified way to part ways — Divorce by Mutual Consent.
This form of divorce is peaceful, cooperative, and avoids unnecessary disputes. It is based on mutual understanding and respect, allowing both partners to begin a new chapter in life without blame or bitterness.
🧭 Legal Provision – Section 13-B of the Hindu Marriage Act, 1955
Under Section 13-B, husband and wife may jointly file a petition before the Family Court for dissolution of marriage if:
- They have been married for at least one year.
- They have lived separately for some time.
- They have mutually agreed to dissolve the marriage.
- Matters like alimony, child custody, and property have been amicably settled.
This is known as a no-fault divorce, as neither spouse has to prove wrongdoing.
📋 Eligibility for Filing a Mutual Divorce Petition
- The marriage must be solemnized under the Hindu Marriage Act, 1955.
- Both parties consent willingly, without pressure or coercion.
- They have been living separately for at least one year.
- They have reached a mutual settlement regarding maintenance, custody, and property division.
🧾 Documents Required
To ensure a smooth process, the following documents are generally needed:
- Marriage certificate or proof of marriage
- Passport-size photographs of both parties
- Address proof (Aadhaar, Passport, Voter ID, etc.)
- Proof of separation or residence
- Income proof / bank statement
- Joint petition for divorce signed by both parties
- Settlement agreement detailing alimony, custody, and property terms
Delhi Law Firm® assists clients in preparing, drafting, and filing all these documents in proper court format.
🏛️ Step-by-Step Process of Mutual Divorce
1️⃣ Legal Consultation
Our advocates understand your situation and provide legal advice tailored to your case.
2️⃣ Drafting the Joint Petition
Both spouses sign a joint petition stating they have lived separately and mutually decided to dissolve the marriage.
3️⃣ First Motion Hearing
The court records both parties’ statements and verifies the consent. The matter is then fixed for the “cooling-off period.”
4️⃣ Cooling-Off Period (6 Months) and Waiver
Traditionally, the law provides a six-month reconciliation period.
However, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that this period can be waived if the marriage has already broken down irretrievably and reconciliation is impossible.
5️⃣ Second Motion Hearing
After the period (or its waiver), both parties confirm their consent in court.
6️⃣ Decree of Divorce
The Family Court passes a Decree of Divorce, formally dissolving the marriage.
👩⚖️ Advantages of Mutual Consent Divorce
✅ Peaceful and respectful process
✅ Less time and cost compared to contested divorce
✅ Privacy and confidentiality maintained
✅ Court intervention minimal
✅ Opportunity for amicable settlement
💰 Alimony and Child Custody
During mutual divorce, financial and parental arrangements are settled jointly:
- Alimony: May be one-time (lump sum) or monthly, based on income and lifestyle.
- Child Custody: Decided mutually in the child’s best interest. Courts may grant joint or exclusive custody.
Delhi Law Firm® advocates help ensure that all agreements are fair, legally binding and respect the rights of both spouses and children.
🧠 Cooling-Off Period – Waiver Explained
Earlier, couples had to wait six months between the first and second motion.
After Amardeep Singh v. Harveen Kaur (2017), this waiting time can be waived if:
- The parties have lived separately for more than 18 months.
- All issues are mutually resolved.
- There is no chance of reunion.
This decision has made mutual divorce faster and more practical for couples seeking closure.
🌐 Delhi Law Firm® – Your Trusted Legal Partner
At Delhi Law Firm®, we combine professionalism with empathy.
Our experienced advocates specialize in matrimonial and family law, handling every case with confidentiality and respect.
We provide:
- Expert legal drafting and documentation
- Filing of mutual divorce petitions across India
- Assistance in property & custody settlements
- Online consultation and court representation
📞 Contact Us
📍 Delhi Law Firm® – All-India Legal Services
📞 Helpline: 9990649999 | 9999889091
🌐 Website: https://delhilawfirm.org
📧 Email: delhilawfirm.in@gmail.com
🕒 Available 24×7 | Consultation in Hindi & English
📢 Call to Action
If you and your spouse have mutually decided to separate, let Delhi Law Firm® make the process simple, transparent, and completely legal.
💬 Contact our Family Law Experts today for a confidential consultation.