FAQs About Mutual Divorce in India — Your Questions, Answered Honestly

Going through a divorce raises a hundred questions — about the process, the costs, the timeline, and your rights. Easy Divorce believes you deserve clear, honest answers — without legal jargon, without pressure, and without obligation.

These are the questions we hear most often from couples across India and from NRI clients worldwide. Read them carefully, and if you have a question that is not covered here, call or WhatsApp us at +91 8484-833-007 for a free consultation.

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FAQs

What is mutual divorce and how does it differ from contested divorce?

Mutual consent divorce is a legal process where both spouses voluntarily agree to end the marriage and jointly file a petition in the Family Court. Unlike contested divorce — where one spouse files against the other and must prove legal grounds such as cruelty, adultery, or desertion — mutual divorce requires no blame, no adversarial proceedings, and no public airing of personal grievances. It is faster (2-7 months vs 2-7 years), significantly less expensive (Rs. 40,000 vs Rs. 1 lakh+), and far less emotionally taxing for both parties.

The applicable law depends on the religion of the couple and how they were married:

  • Hindus, Sikhs, Jains, Buddhists: Section 13B of the Hindu Marriage Act, 1955 — one year of separation required
  • Christians: Section 10A of the Indian Divorce Act, 1869 — two years of separation required
  • Parsis: Section 32B of the Parsi Marriage and Divorce Act, 1936
  • Muslims: separate framework under personal law — contact Easy Divorce for the correct procedure
  • Interfaith/civil marriage: Special Marriage Act, 1954 — one year of separation required

Easy Divorce applies the correct legal provision based on your religion and marriage registration.

Section 13B is the legal provision under which Hindu couples — including Sikhs, Jains, and Buddhists — file for mutual consent divorce in India. It requires that both spouses have lived separately for at least one year, that both voluntarily consent to the divorce, and that they have settled key terms including alimony, custody, and property division. The process involves two court appearances — the First Motion and the Second Motion — with a statutory six-month cooling-off period between them. This period can be waived in eligible cases as established in Amardeep Singh v. Harveen Kaur (2017).

Yes. For Hindus filing under Section 13B, one year of separation before filing is a mandatory legal requirement that cannot be waived. This is often confused with the six-month cooling-off period that follows the First Motion hearing — these are two distinct requirements. The one-year separation cannot be waived; the six-month cooling-off period can be, in eligible cases.

Importantly, separation does not necessarily require living in different homes. Courts have accepted situations where both spouses lived under the same roof but without a marital relationship, provided this is established through affidavits and supporting evidence.

  • Marriage Certificate (or wedding photographs / invitation card if the original is unavailable)
  • Address proof for both spouses — Aadhaar, Passport, or Voter ID
  • Passport-size photographs of each spouse
  • Two joint marriage photographs
  • Affidavits confirming mutual consent (drafted by your verified lawyer)

Pending 498A or DV cases do not automatically prevent mutual consent divorce. Courts assess each situation individually. However, the settlement typically includes terms for withdrawal of such cases. Easy Divorce’s verified lawyers have extensive experience navigating these complex situations — contact us for a confidential consultation.

Typically between 2 and 7 months, depending on the court, the completeness of documentation, and whether the cooling-off period is waived. Where both spouses have been separated for a significant period and all settlement terms are finalized before filing, courts can waive the six-month cooling-off period — bringing the total timeline down to 2-3 months. Easy Divorce assesses waiver eligibility on every case from day one.

Yes. Following the Supreme Court’s ruling in Amardeep Singh v. Harveen Kaur (2017), courts have the discretion to waive the six-month statutory cooling-off period if: the parties have been living apart for a significant period; reconciliation is clearly not possible; and all settlement terms are agreed. Easy Divorce pursues waiver applications in every eligible case — it is how we consistently deliver faster outcomes.

Easy Divorce’s total all-inclusive fee is Rs. 40,000 for a standard mutual divorce and Rs. 80,000 for NRI cases. This covers everything — documentation, petition drafting, court filing, and representation at both motions. Payment is made in four milestone-linked stages — you never pay for work that has not happened. No hidden charges. No surprises.

  1. 999 — Initial submission and eligibility review
  2. 9,000 — Documentation and petition drafting
  3. 10,000 — Court filing and First Motion hearing
  4. Rs. 20,001 — Second Motion and Divorce Decree delivery

Yes. If your marriage was solemnized in India under Indian law, you can file for mutual divorce in India regardless of where you currently live. Easy Divorce’s verified lawyers handle the entire process remotely via Special Power of Attorney and video hearings. Most NRI clients complete the process without setting foot in India.

An Indian family court divorce decree is legally valid across India and is generally recognized internationally. For specific countries, additional legalization or apostille may be required. Easy Divorce’s verified lawyers advise on this where relevant.

Yes. Once your divorce decree is granted by the family court, you are legally free to remarry. Keep your certified decree safe — it is an important document for future legal purposes.

Yes. Either spouse can withdraw consent at any time before the Second Motion. If both parties decide to reconcile, the petition is withdrawn. The process only becomes irreversible when the court grants the final decree.

If one spouse withdraws consent after the First Motion but before the Second Motion, the mutual divorce petition cannot proceed. You may then consider filing a contested divorce petition. Easy Divorce’s verified lawyers can advise you on your options in this situation.