Mutual divorce — formally known as divorce by mutual consent — is the most peaceful and time-efficient way to legally end a marriage in India. Under Section 13B of the Hindu Marriage Act, 1955, both spouses must voluntarily agree to end the marriage and have been living separately for at least one year.
Who is Eligible for Mutual Divorce?
- Both spouses must consent — there can be no coercion
- Both must have been living separately for a minimum of 1 year
- Both must agree that they cannot live together
- They must have mutually agreed on settlement terms (alimony, custody, property)
Step-by-Step Process
- Joint Petition — Both parties file a joint petition before the Family Court
- First Motion Hearing — Court records statements. Both parties confirm their consent
- Cooling-Off Period — Minimum 6 months (the Supreme Court can waive this in genuine cases)
- Second Motion — If still in agreement after 6 months, second motion is filed
- Final Hearing & Decree — Court grants divorce decree
Documents Required
- Marriage certificate (original)
- Address proof of both parties
- Passport-size photographs
- Evidence of separation (if required)
- Settlement agreement (property, alimony, children)
- Identity proof (Aadhar card, Passport)
Legal Keys by Adv. Shweta Gattewar has successfully handled 50+ mutual divorce cases in Pune. Contact us at +91-9665040490 for a confidential consultation.
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