Mutual Consent Divorce Procedure in India : Step By Step Guide

In today’s rapidly evolving legal landscape, the mutual consent divorce procedure offers a practical and peaceful solution for couples seeking to end their marriage amicably. Unlike contested divorce, where litigation may become lengthy and emotionally exhausting, mutual consent divorce prioritizes agreement, efficiency, and respect between both parties. Whether you're a Hindu, Muslim, Christian, Parsi, or part of an interfaith marriage, Indian law provides specific legal pathways for mutual divorce tailored to your personal or religious law. In this blog, In this blog, we’ll guide you through:

• Eligibility criteria for mutual consent divorce
• Step-by-step legal process of obtaining a mutual divorce
• Required documents for filing for mutual divorce
• Post-divorce responsibilities after the divorce is granted
• Frequently asked questions (FAQs) related to mutual consent divorce in India

Legal Basis For Mutual Divorce In India

The basis upon which mutual divorce may be granted in India depends upon respective laws of each particular religion or civil laws in case of interfaith marriages. The conditions and legal procedures, which set the grounds for mutual divorce, may, thus, change depending on which personal law applies. The following sections provide an outline mentioning the laws relating to mutual divorce in terms of various religious communities in India.

Hindus

Mutual divorce among Hindus is governed by Section 13B of the Hindu Marriage Act, 1955.

• Eligibility: This applies to Hindus, Buddhists, Jains, and Sikhs.
• Key Conditions:
• • There must be mutual consent of both parties to the divorce.
  • Both parties have to stay apart for at least one year prior to filing the application.
  • A mandatory six-month cooling-off period is granted, which can, however, be condoned by the court in rare cases.
• Court Procedure:
• • Joint petition file before the family court.
  • Statements of both parties are recorded.
  • After the cooling-off period, a second motion is filed.
  • Decree of divorce passed after satisfaction by the court.

Interfaith & Civil Marriages

For interfaith couples or civil marriages, mutual divorce is governed under the Special Marriage Act, 1954, Section 28.

• Eligibility: It is applicable to any couple married under the Special Marriage Act, regardless of religion.
• Key Conditions:
• • Both parties must be in agreement for the divorce.
  • They should have been living separately for a year before the divorce petition was presented.
• Court Procedure:
• • A mutual consent divorce petition is to be filed in the respective district court.
  • Statements are recorded and a six-month waiting period is observed.
  • On the second motion, decree of divorce is issued by the court.

Christians

Mutual divorce among Christians is covered under Section 10A of the Indian Divorce Act, 1869.

• Eligibility: Applicable to Christians married under Christian personal law.
• Key Conditions:
• • There should be mutual consent from both parties.
  • They should have separated for a minimum two years prior to the filing.
• Court Procedure:
• • Petition filed before the district court.
  • Statements recorded, and conditions verified.
  • Decree passed after the second motion.

Parsis

For Parsis mutual divorce is provided for under Section 32B of the Parsi Marriage and Divorce Act, 1936.

• Eligibility - It applies to Parsis married under this Act.
• Key Conditions:
• • Mutual consent of the parties.
  • The parties must be separated for a minimum period of one year.
• Court Procedure:
• • Petition to be presented before the Parsi Chief Matrimonial Court or District Matrimonial Court.
  • The evidence and statement will be recorded.
  • When satisfied, the court will grant the divorce.

Muslims – Dissolution Of Muslim Marriages Act, 1939 & Personal Law

Mutual divorce among Muslims is generally entered through Mubarat, a type of extrajudicial divorce permissible under Muslim personal law.

• Eligibility-It applies to Muslims married under the Islamic traditions.
• Key Conditions:
• • Both parties must consent to the dissolution of the marriage.
  • In law, there's no waiting period; however, the iddat (waiting period for the woman) is usually observed.
• Procedure:
• • The agreement to divorce is made and documented with signatures.
  • Registration is advised but is not mandatory.
  • If recourse to the court is sought, then relief under the Dissolution of Muslim Marriages Act 1939 may be sought.

Legal Procedure to Obtain Mutual Divorce in India

The legal process to apply for a mutual divorce slightly varies with the jurisdiction of that particular place. But there are some general steps which remain the same for everyone. Let’s understand these steps together

Step 1: Filing the Mutual Divorce Petition

• Drafting the Petition: You should always consult a good lawyer to prepare your mutual divorce petition.
• Don’t forget to add the following details: the reason for divorce, any arrangements for children if applicable, and details of assets.
• Signing the Petition: Post preparing the mutual divorce petition both spouses are required to sign the petition. This indicates their consent to the divorce terms.
• Submission to the Court: Next you have to submit the petition to your nearby family court which has jurisdiction over your case. You’ll also be required to pay the necessary filing fees.

Step 2: Court Hearing and Inspection

• First Court Appearance: Attend the first court hearing. Here the court examines your submitted petition and questions for any clarifications if needed.
• Mandatory 6-month Separation: In some jurisdictions, the court asks for proof of the mandatory separation period before accepting your mutual divorce petition.

Step 3: Record Statement on Oath

In this step, both parties are required to record their statements on oath. This procedure confirms their desire for a mutual divorce. It also confirms their agreed-upon terms.

Step 4: First Motion

• Submission of First Motion: Now submit your first motion for a mutual divorce case to the court.
• Counseling Session (Optional): Some jurisdictions even ask couples to attend a few counseling sessions to explore the possibility of reconciliation.

Step 5: Second Motion and Final Hearing

• Submission of Second Motion: You can file for a second motion for mutual divorce after some mandatory waiting period (if any) in your case.
• Final Hearing: In this step, you are supposed to attend the final hearing of your mutual divorce case. At this step, the court reviews your case very well and ensures both parties are still in agreement.

Step 6: Divorce Decree

• Issuance of Divorce Decree: If the court is satisfied with your terms and conditions then a divorce decree is issued.
• Registration of Divorce Decree: You are supposed to register your divorce decree at the marriage registrar's office.
• Formal Conclusion: The marriage is officially considered dissolved upon issuance of the divorce decree.

Note: It is vital to consult some highly qualified family lawyer to understand the legal requirements specific to your jurisdiction. Laws related to mutual divorce can vary a lot, and a legal professional here will make sure that you prepare all necessary documents accurately and file them correctly.

Also Read : When Can You Apply for Divorce After Marriage?

Documents Required for a Mutual Divorce

To initiate a mutual divorce, the following documents are required to ensure a smooth and legally compliant process:

• Marriage Certificate
• Four Photographs of Marriage
• Address Proof of Husband and Wife
• Income Tax Statement of Income-Earning Party (Last 3 Years)
• Details of Profession and Income (Salary Slips, Appointment Letter)
• Details of Movable and Immovable Assets
• Family Details of Both Parties
• Proof of Living Separately for a Minimum of One Year
• Certificates Proving Failed Attempts at Reconciliation
• Information about Petitioner’s Professional Career and Current Remuneration (Salary Slips, Appointment Letter)
• Certificates Proving Spouses  Living Separately for More than a Year

Rights And Duties After Mutual Divorce

Once mutual divorce has been granted, the parties must, however, resolve significant issues, including financial settlements, custody, and visitation rights for children. Often, these rights and responsibilities are mutually agreed upon and incorporated into the divorce decree, thus becoming enforceable by law.

Alimony-Maintenance Settlements

Alimony is one of the important aspects of mutual divorce, also called maintenance or financial support, which can be a one-time lump-sum payment or monthly installments paid by one party to the other.

Mutual Agreement: In mutual divorce, the husband and wife usually agree to the amount and terms of alimony before filing the petition.

Categories of Maintenance

• Interim Maintenance: Temporary maintenance provided to a spouse during divorce proceedings.
• Permanent Alimony: One-time final settlement made after the divorce decree.

Factors Considered by the Court in Deciding Alimony:

• Period of marriage
• Both spouses' abilities to earn and financial position
• The level of living during the marriage
• Responsibility for custody, especially when there are children

Legal References: Depending upon the case, Alimony may be awarded under Section 25 of the Hindu Marriage Act or Section 125 of the Criminal Procedure Code.

Child Custody & Visitation Rights

Deciding custody and visitation rights becomes important wherever children are concerned. Courts approve any arrangement for custody that is by mutual agreement with the best interest of the child being the foremost consideration.

Types of Custody

• Physical Custody- Specifies where the child mainly resides.
• Joint Custody- Custody shared between both parents on a shift basis or an agreed schedule.
• Legal Custody- It is the right to make key decisions in bringing up the child.

Visitation Rights

Specified visitation rights, including weekends, holidays, or interactions by virtual means, are generally granted to the non-custodial parent.

Mutual Consent Agreements- Therein, parents are strongly advised to formulate a parenting plan that will be duly considered and ratified by the court.

Recent Supreme Court Judgments & Legal Updates on Mutual Divorce (2025)

The year 2025 witnessed the Supreme Court of India, and various High Courts stress the need for simplifying mutual divorce procedures while ensuring the rights of both spouses.

Silence is not the way to withdraw consent

The Hon'ble High Court of Rajasthan has laid down the principle in the matter of Suman v. Surendra Kumar, AIR 2003 Raj 155. that the silence of either party does not amount to withdrawal of consent. In this matter, the Respondent by his continued silence affected the proceeding for more than three years. If he was withdrawing his consent for the dissolution of marriage by a decree of divorce by way of mutual consent, nothing prevented him from taking that stand before the Family Court at the stage of the second motion.

The Court further held that the husband, on the other hand, decided to adopt a course of silence to harass the wife further. The Court was not inclined to take a technical view of Sub-section (2) of Section 13B of the Act and fall into the same error as the Family Court did. Merely because both parties did not sign the second motion, it cannot be said that the husband's consent was missing at the second stage. On account of the husband's silence, we would like to take the view that the consent to the decree of divorce being granted has to be presumed.

Voluntary Consent Required

The Hon'ble apex court in the matter of Sureshta Devi v. Om Prakash, AIR 1992 SC 1904 has laid down the fact that consent by either party should be given voluntarily. The Court further held that the move enables the Court to proceed with the case to satisfy itself about the genuineness of the averments in the Petition and also to find out whether the consent was not obtained by force, fraud, or undue influence.

Moreover, the Court can make such inquiry as it thinks fit, including the hearing or examination of the parties to satisfy itself whether the averments in the Petition are true. If the Court is satisfied that the consent of parties was not obtained by force, fraud, or undue influence and they have mutually agreed that the marriage should be dissolved, then it must pass a decree of divorce.

Living Separately - Irrespective of Place of Living

The Hon'ble Apex in the aforesaid matter, i.e., in the matter of Sureshta Devi v. Om Prakash, AIR 1992 SC 1904, laid down the fact that the expression “living separately”, connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof by the force of circumstances, and yet they may not be living as husband and wife.

The parties may be living in different houses, and yet they could live as husband and wife. What seems to be necessary is that they have no desire to perform marital obligations. With that attitude, they have been living separately for one year immediately preceding the presentation of the Petition. The second requirement that they 'have not been able to live together seems to indicate the concept of broken-down marriage, and it would not be possible to reconcile themselves.

No waiting in mutual consent divorce

However, according to the new rule, it is not mandatory to opt for a 6 month cooling period, and the decision is left at the discretion of the court. Now, the court can decide based on facts and circumstances if there is a need to order 6 month recuperation period or whether they can divorce right away.

The Hon'ble Apex court, in the matter of Nikhil Kumar vs. Rupali Kumar, laid down that settled principle that based on facts and circumstances, the Court can waive the six months between the 1st motion and the 2nd motion. In this matter, the Court contended that the parties were not happy ever since their marriage in 2011. It is stated that with the setback of a broken marriage, the Respondent needs a change in environment, and thus, she has proposed to move to New York, and it would be difficult for her to get back to India after six months or even sooner. It is further stated that both of them have realized the consequences of their decision, and they have taken the decision out of their free will and without any undue influence or coercion.

In such circumstances, the Hon'ble Apex Court dissolved the marriage between the parties, and the Hon'ble Court also waived off the six-month cooling period. Therefore, the decree of divorce has been passed by the Hon'ble Court.

Conclusion

The mutual consent divorce process is designed to reduce conflict and make the dissolution of marriage easier for both spouses. While the specific procedures may vary depending on religion and location, the core idea remains the same—both parties agree, follow legal procedures, and protect each other's rights. From filing the petition to finalizing the divorce, including matters like alimony and child custody, each step requires careful planning and proper documentation. Working with an experienced family lawyer can make this process smoother and ensure all legal requirements are met.

If you're considering a mutual consent divorce, or need assistance, contact Rest the Case Divorce Lawyers for expert guidance and support through the entire process.

FAQs On Mutual Divorce Procedure In India

Though mutual divorce is a lot easier compared to contested divorce, a lot of corresponding doubts exist in the minds of couples seeking separation. Here are answers to some of the frequently asked questions concerning the legal procedures, timelines, costs, and possible complications involved in filing for mutual divorce in India.

Q1. How long does it take to get a mutual divorce in India?

The timeline for a mutual divorce in India varies depending on various factors. Generally, it takes around 6-18 months to complete the entire process.

Q2. Is mutual divorce permissible without court hearings?

No, hearing in at least two sittings of the court is compulsory: one during the original filing and the other during the second motion made after the cooling-off period. Nevertheless, many jurisdictions will be allowing virtual hearings.

Q3. Where should mutual divorce cases be filed in India?

A petition can be filed in the Family Court at the district:

• Where the couple last lived together
• Where presently resides the wife
• Where marriage was solemnized

Q4. Is the period of six months a must for mutual divorce?

No, six months of a cooling period are not mandatory under Section 13B(2).

Q5. How much does it cost for a mutual divorce in India?

The cost of a mutual divorce in India can vary depending on various factors such as the location of the court, fees charged by lawyers, and other miscellaneous expenses. However, the basic court fees for mutual divorce in India can range from around Rs. 10,000 to Rs. 40,000.

Q6. Can a mutual divorce be granted if one party does not agree to it?

No, a mutual divorce requires both parties to agree to the terms and conditions of the divorce. If one party does not agree, the divorce cannot be granted and the case will proceed as a contested divorce.

Q7. Can I remarry after obtaining a mutual divorce?

Yes, once the mutual divorce is granted and the marriage is legally dissolved, both parties are free to remarry.

Q8. Can a mutual divorce case be withdrawn?

Yes, a mutual divorce case in India can be withdrawn if both parties mutually agree to do so. Both spouses need to communicate their intention to withdraw the case and formally submit a joint request to the court.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified family lawyer.