In short: Mutual consent divorce under Section 13B of the Hindu Marriage Act lets a husband and wife end the marriage together, without blaming each other. You must have lived separately for at least one year, agree on everything (alimony, stridhan, children, property), and file a joint petition in the Family Court, Pune. After the first hearing there is a six-month waiting period, which the court can waive in suitable cases. Either spouse can withdraw consent until the final decree.

Who can file for mutual consent divorce

  • Hindus, Buddhists, Jains and Sikhs: Section 13B, Hindu Marriage Act, 1955.
  • Marriages under the Special Marriage Act, 1954 (including inter-faith court marriages): Section 28, on the same pattern.
  • Christian couples: Section 10A, Divorce Act, 1869, which requires separation for at least two years.
  • Both spouses must genuinely consent. Consent given under pressure is not valid, and the court records each spouse’s statement.

The conditions

  1. Living separately for one year or more before filing. This means not living as husband and wife; it can sometimes be under the same roof.
  2. Inability to live together.
  3. Agreement that the marriage should end, usually written as consent terms covering alimony, stridhan, custody and visitation, property and the withdrawal of any pending cases.

Step by step at the Family Court, Pune

  1. Consent terms. Both sides agree the settlement in writing: the amount and mode of permanent alimony, return of stridhan, custody and visits, and joint steps to close any 498A, DV or maintenance cases.
  2. Joint petition (first motion). Filed in the Family Court with jurisdiction: where the marriage took place, where the couple last lived together, or where the wife now lives (Section 19, Hindu Marriage Act).
  3. Counselling. The Family Court usually refers the couple to a marriage counsellor first.
  4. Statements recorded on the first motion.
  5. Waiting period. The second motion is made after six months and within 18 months of filing. The court can waive the six months (see below).
  6. Second motion and decree. Both spouses confirm consent, and the court passes the decree of divorce.

Can the six-month waiting period be waived?

Yes, in suitable cases. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 held that the period is not mandatory. The Family Court can waive it where the couple has already been separated for at least 18 months before the first motion, mediation has failed, all issues including alimony and custody are settled, and waiting would only prolong the hardship. A waiver application can be filed a week after the first motion. Separately, only the Supreme Court can dissolve a marriage directly on irretrievable breakdown, under Article 142 (Shilpa Sailesh v. Varun Sreenivasan, 2023); the Family Court cannot.

Documents checklist

  • Marriage certificate, or the wedding invitation and photographs
  • Identity and address proof of both spouses
  • Proof of living separately (separate address documents, rent agreement, correspondence)
  • Signed consent terms
  • Income and asset details relevant to alimony
  • Details of children, and the custody and visitation arrangement
  • Details of any pending cases between the spouses (498A, DV, maintenance)

Honest time ranges

  • Without a waiver: usually about seven to eight months from filing, because of the six-month wait and court dates.
  • With a waiver: can be much faster, sometimes within one or two months of filing, if the court accepts the waiver application.
  • Delays usually come from unsettled alimony or custody terms, or a spouse missing a date.

If a criminal case is pending

Settlements often include closing a 498A FIR or DV case. A 498A FIR is not compoundable, so it is closed by a joint petition to the Bombay High Court for quashing after the settlement. See FIR quashing and 498A defence.

Questions people ask

Can one spouse withdraw consent?

Yes. Consent can be withdrawn at any time before the decree (Sureshta Devi v. Om Prakash, 1991). Breaching agreed consent terms, though, can have legal consequences.

Do both spouses have to attend court?

Usually yes, for recording statements. If one spouse lives abroad, Family Courts have in some cases permitted appearance by video conference; this depends on the court.

What does mutual consent divorce cost?

Court fees are small. The advocate’s fee depends on whether the terms are already agreed, the number of hearings, and whether a waiver or High Court quashing is also needed. It is agreed in advance; see how fees are worked out.

More: family law and divorce in Pune · mutual and contested divorce compared.

Speak to the office: call Call +91 84119 82241 or WhatsApp WhatsApp +91 86984 00302. WhatsApp messages are answered the same day.

Sources: Sections 13B and 19, Hindu Marriage Act, 1955; Section 28, Special Marriage Act, 1954; Section 10A, Divorce Act, 1869; Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746; Sureshta Devi v. Om Prakash (1991) 2 SCC 25; Shilpa Sailesh v. Varun Sreenivasan (2023). General information, not legal advice.