Conditions
- The spouses have lived separately for at least one year before filing. Living separately means not living as husband and wife, even if under one roof in some cases.
- They have been unable to live together.
- They have mutually agreed the marriage should be dissolved, with consent given freely.
Steps
- Settlement terms. Agree alimony, custody, visitation, return of stridhan and withdrawal of cases.
- First motion. Joint petition filed in the family court; statements recorded.
- Waiting period. Normally six months between the first and second motion.
- Second motion. Both confirm consent; the court may pass the decree.
- Decree. The marriage is dissolved from the date of the decree.
Waiver of the six-month period
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held the six-month period can be waived where the parties have been separated for a long time, settled all issues and reconciliation is not possible. In Shilpa Sailesh v. Varun Sreenivasan (2023), the Court also discussed its own power under Article 142 to dissolve marriages. Whether a waiver is granted depends on the facts.
Withdrawal of consent
Either spouse can withdraw consent before the decree. That is why settlement terms need careful drafting, and payments are often staggered between the motions.
Related pages
Frequently Asked Questions
Can mutual divorce be done in one sitting?
Can an NRI spouse appear by video?
What if the other spouse backs out?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.