When both spouses agree to separate, mutual consent divorce is usually the quickest and least stressful route. For Hindu marriages it is governed by Section 13B of the Hindu Marriage Act, 1955; other personal laws have similar provisions.
Who can apply
- Both spouses must agree freely, without pressure
- They must have been living separately for at least one year
- They should have agreed on alimony, child custody and return of belongings
The process
- File a joint petition in the family court with a settlement agreement
- First motion: both appear, and the court records statements
- Waiting period of six months, which the court may waive in suitable cases
- Second motion: both confirm consent
- The court grants the decree of divorce
Documents usually needed
- Marriage certificate and wedding photographs
- Address and identity proof of both spouses
- Proof of separate residence for one year, where available
- Details of income and assets, and the settlement terms
Every family is different. AdalatSaathi connects you confidentially with an independent, enrolled family-law advocate. This article is general information, not legal advice.
ℹ️ General information only, not legal advice.
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