Reviewed by
Adv. Deepak Sonu, Co-Partner, Vakil Labs
When both spouses agree that the marriage cannot continue, divorce by mutual consent is the quickest and least stressful legal route in India. This guide explains who can file, the two-step court process, the documents you’ll need and how long it usually takes for couples in Chennai and across Tamil Nadu.
Which law applies?
- Hindus, Sikhs, Jains and Buddhists: Section 13B of the Hindu Marriage Act, 1955.
- Marriages registered under the Special Marriage Act, 1954 (including many inter-faith marriages): Section 28 of that Act.
- Christians: Section 10A of the Divorce Act, 1869.
- Muslims: personal law recognises mutual forms of divorce such as khula and mubarat, which follow a different procedure.
The steps below follow Section 13B of the Hindu Marriage Act, the most common case. The Special Marriage Act process is very similar.
Basic conditions
- Husband and wife have been living separately for at least one year. Living separately means not living as husband and wife, even if you are under the same roof.
- They have not been able to live together.
- Both freely agree that the marriage should be dissolved, without force, fraud or undue influence.
The process step by step
1. Settle the terms
Before filing, the couple agrees in writing on alimony or a one-time settlement, return of stridhan and jewellery, child custody and visitation, and division of property. A clear, well-drafted settlement is what keeps a mutual divorce smooth.
2. First motion: file the joint petition
Both spouses sign and file a joint petition before the Family Court that has jurisdiction. That is usually where the marriage took place, where the couple last lived together, or where the wife currently lives. Both appear in person, and the court records their statements.
3. Cooling-off period of six months
The law gives six months after the first motion as time to reconsider. The second motion must be moved after six months and within 18 months of the first motion.
4. Second motion and decree
Both spouses appear again and confirm that they still consent. If the court is satisfied, it passes the decree of divorce. Either spouse can withdraw consent before the decree, in which case the petition can’t proceed.
Can the six-month waiting period be waived?
Yes, in suitable cases. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is not mandatory. The Family Court may waive it where, among other things, the couple has already been separated for more than 18 months when the first motion is filed, mediation and reconciliation efforts have failed, and all issues of alimony and custody are fully settled. In Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench of the Supreme Court also confirmed its own power to dissolve a marriage and do away with the waiting period in appropriate cases.
Documents usually required
- Marriage certificate, or wedding invitation and photographs if the marriage wasn’t registered
- Address and identity proof of both spouses (Aadhaar, passport, etc.)
- Proof of separate residence for at least one year
- Details of income, property and assets
- Birth certificates of children, if any
- The signed settlement terms
- Recent passport-size photographs of both spouses
How long does it take?
With the standard six-month cooling-off period, a mutual consent divorce usually takes about 7 to 9 months from filing. Where the court waives the waiting period, it can be completed much sooner. Actual timelines depend on the court’s calendar and how complete the settlement is.
What if one spouse doesn’t agree?
If consent isn’t mutual, the only option is a contested divorce on specific grounds such as cruelty, desertion or adultery. That usually takes much longer. Many contested cases are later converted into mutual consent divorces through mediation.
Talk to a divorce lawyer in Chennai. Vakil Labs handles mutual consent and contested divorce, settlement drafting, and child custody and maintenance matters with complete confidentiality. Contact us or call +91 99416 26224.
This article is for general information only and isn’t legal advice. The law and court practice may change; please consult a lawyer about your situation.