Understanding Mutual Consent Divorce

Mutual consent divorce is governed by Section 13B of the Hindu Marriage Act, 1955. It allows couples to dissolve their marriage amicably, provided both parties agree on the terms of separation, such as alimony, child custody, and division of assets. This type of divorce is typically faster and less adversarial than a contested divorce.

Typical Timeline for Mutual Consent Divorce

The duration for obtaining a mutual consent divorce in India can range from six months to one year, depending on various factors such as court workload and the specifics of the case. Here’s a breakdown of the typical timeline:

Step 1: Filing the Joint Petition (1-2 Weeks)

The process begins with both parties jointly filing a petition for divorce by mutual consent. This petition is submitted to the family court within the jurisdiction where:

• The couple last resided together.
• The wife currently resides.
• The marriage was solemnized.

Drafting and filing the petition usually takes one to two weeks, depending on the availability of necessary documents and legal assistance.

Step 2: First Motion and Cooling-Off Period (6 Months)

Once the petition is filed, the court records the statements of both parties, marking the first motion. After this, the court grants a six-month cooling-off period. This period is intended for the couple to reconsider their decision and explore the possibility of reconciliation.

Waiver of Cooling-Off Period

In 2017, the Supreme Court of India ruled that the six-month cooling-off period could be waived under certain circumstances. If the couple has been separated for a significant period before

filing the petition or if there is no chance of reconciliation, the court may waive this period. The waiver is granted at the court’s discretion and requires a specific application from both parties.

Step 3: Second Motion and Final Hearing (1-2 Months)

After the cooling-off period (or its waiver), the couple must reconfirm their consent for the divorce by filing the second motion. The court then schedules a final hearing, where both parties must be present. During this hearing, the court ensures that all legal requirements are met and that the consent is genuine and voluntary.

This step usually takes one to two months, depending on the court’s schedule and the availability of both parties.

Step 4: Decree of Divorce (Immediate to a Few Weeks)

If the court is satisfied with the mutual consent and all conditions are met, it grants a decree of divorce, officially dissolving the marriage. The decree is typically issued immediately during the final hearing, but in some cases, it might take a few weeks for the official documentation to be processed and issued.

Factors Influencing the Duration

Court Workload

The number of cases pending in the family court can significantly impact the timeline. Courts with heavy caseloads may take longer to schedule hearings and process petitions.

Availability of Parties

Both parties must be present for the hearings. Any delay in availability can extend the timeline.

Legal Representation

Having efficient and experienced legal representation can expedite the process by ensuring all documentation is correctly filed and all procedures are promptly followed.

Waiver of Cooling-Off Period

If the six-month cooling-off period is waived, the divorce process can be completed in as little as six months. Without the waiver, it typically takes around one year.

Conclusion

The mutual consent divorce process in India generally takes between six months to one year. The exact duration depends on factors such as the court’s schedule, the availability of the parties, and whether the cooling-off period is waived. By understanding these steps and potential timelines, couples can better prepare for the process and manage their expectations.