Mutual Consent Divorce in India: The Process

Last Updated: October 9, 2026

Mutual consent divorce is usually the quickest and least stressful way to end a marriage in India, because both spouses agree to it and to the terms. This guide explains the process under Section 13B of the Hindu Marriage Act, 1955. The Special Marriage Act, 1954 follows a similar process. Other laws differ: for example, Christian couples under the Divorce Act, 1869 must have lived separately for at least two years.

Who can apply

Both spouses must genuinely agree to the divorce
They must have lived separately for at least one year before filing. "Separately" means not living as husband and wife, even if under the same roof in some cases
They should agree on issues such as alimony or maintenance, custody of children, and return of belongings

Step 1: First motion

Both spouses file a joint petition before the family court, stating that they have lived apart for a year and have agreed to divorce. The court records their statements.

Step 2: Cooling-off period

The law provides a six-month period after the first motion, giving the couple time to reconsider. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that a family court can waive this period in suitable cases, for example where the couple has been separated for a long time and settled all issues. In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench held that the Supreme Court can also waive it in appropriate cases.

Step 3: Second motion and decree

After the cooling-off period, or once it is waived, both spouses confirm that they still want the divorce. The second motion should be made within 18 months of the first. If the court is satisfied, it grants the divorce decree.

Documents usually needed

Marriage certificate, or wedding photographs and invitation
Address and identity proof of both spouses
Proof of separate residence for at least one year, where available
Details of the settlement on alimony, custody and belongings

Things to keep in mind

Either spouse can withdraw consent before the decree is passed
Put the settlement terms in writing so that both sides are clear
Where children are involved, the court will look at their welfare when approving custody arrangements

Need help with this? Our team can connect you with an advocate. Get help: Mutual Divorce Petition

This guide is general information, not legal advice. Laws and procedures can change and depend on your situation, so please consult an advocate about your specific case.