Mutual Consent Divorce
Steps for filing Mutual Consent Divorce under Hindu Marriage Act.
Overview
Mutual divorce is the fastest way to end a marriage legally. It involves two motions (court appearances) separated by a 6-month cooling period.
1Step-by-Step Instructions
Joint Petition
Both parties file a joint petition stating they have lived separately for 1 year.
- Filing before completing 1 year of separation
2Document Checklist
Required Documents
0 of 4 ready
Why Applications Get Rejected
Consent Withdrawal
If one party withdraws consent before the second motion decree.
Collusion
If court suspects fraud or force.
3Appointment & Visit
File First Motion
Submit petition in Family Court.
Statement Recording
Judge records statement on oath.
Cooling Period
Wait for 6 months (can be waived in rare cases).
Second Motion
Final statement and Decree of Divorce.
Common Questions
Q. Can cooling period be waived?
Yes, the Supreme Court has allowed waiver if the marriage is irretrievably broken and waiting serves no purpose.
Q. What about alimony?
Alimony (maintenance) is decided mutually and recorded in the MOU.
Q. Is separation mandatory?
Yes, minimum 1 year separation is required before filing.