In short: a couple who have lived separately for at least a year and agree to part can file a joint petition for divorce by mutual consent. There are two hearings ("motions"), normally six months apart, though the court can waive that gap in suitable cases. The terms of alimony, custody and property should be agreed in writing first.
Who can file
Under Section 13B of the Hindu Marriage Act, 1955 (and similar provisions in the Special Marriage Act and the Divorce Act), both spouses must agree, must have lived separately for at least one year, and must agree that they cannot live together. "Living separately" means not living as husband and wife, even if under one roof.
The process
- Settlement terms: alimony or a one-time amount, return of jewellery and belongings, custody and visitation of children, and withdrawal of any pending cases.
- First motion: a joint petition in the family court where you married or last lived together, or where the wife lives; statements are recorded.
- Waiting period: six months for reconsideration. The Supreme Court (Amardeep Singh v. Harveen Kaur, 2017) held this can be waived where the parties have been apart long enough and settlement efforts have failed.
- Second motion within 18 months of the first: both confirm consent, and the court grants the decree.
Documents usually needed
- marriage certificate or proof of marriage, wedding photographs;
- address and identity proof of both spouses;
- proof of separate residence for a year, where available;
- the written settlement, and details of income and assets where alimony is agreed.
If one spouse does not agree
A contested divorce can be filed on grounds such as cruelty, desertion for two years, adultery, conversion or mental disorder. It takes longer and needs evidence.
Questions people ask
How long does a mutual divorce take in India?
Usually six to eighteen months: six months between the two motions, plus court dates. Where the court waives the six-month period, it can be done in a few weeks.
Can the six-month waiting period be waived?
Yes. Following the Supreme Court's 2017 ruling, the family court can waive it if the couple have lived apart long enough, mediation has failed and all issues are settled.
Do both spouses need to be present for mutual divorce?
Generally yes, at both motions. Many courts now allow appearance by video conferencing, especially when a spouse lives abroad.
What is the difference between mutual and contested divorce?
In mutual divorce both agree and settle all issues, so it is faster. In a contested divorce, one spouse files on a legal ground such as cruelty or desertion and must prove it.
Where should a divorce petition be filed?
In the family court where the marriage took place, where the couple last lived together, or where the respondent lives; in some cases where the wife lives.
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Become a ClientCall +91 81001 21141This guide gives general information about the law in India as on 11 November 2026. It is not legal advice for your situation, and reading it does not create a lawyer-client relationship. Rules and limits change; please take advice on your own facts.