Mutual Consent Divorce in Bengaluru: Conditions, Steps and Timeline

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Two rings illustrating mutual consent divorce
In short
In a mutual consent divorce, both spouses file one joint petition under section 13B of the Hindu Marriage Act. You must have lived apart for at least one year, and the court then passes the decree after two hearings (motions), usually with a gap of up to six months that the court can waive in suitable cases.

Who can apply

  • Husband and wife who have been living separately for at least one year (separate households are enough; they need not live in different cities)
  • Both must agree that the marriage cannot continue
  • Both must agree on terms: alimony, child custody and property

Marriages under the Special Marriage Act have a similar provision under section 28.

Documents you will need

  • Marriage certificate or proof of marriage, and wedding photographs
  • Address proof and ID of both
  • Income proof and tax returns of both
  • Proof of living separately for a year
  • Settlement agreement or memorandum of understanding
  • Photographs of the couple and children’s details

Step-by-step procedure

  1. Settlement: Write down the terms: alimony, handover of streedhan and gifts, custody and visitation, and who pays children’s expenses.
  2. Joint petition: Both sign and file in the Family Court where you last lived together, where either of you lives, or where the marriage took place.
  3. First motion: The court records statements of both spouses and checks the settlement.
  4. Waiting period: The law gives a period of six months up to 18 months for reconsideration.
  5. Second motion: Both appear again and confirm consent.
  6. Decree: The court passes the decree of divorce.

Can the six-month period be waived?

Yes, in suitable cases. The Supreme Court has said this waiting period is not strictly mandatory. In *Amardeep Singh v. Harveen Kaur* (2017), it held that the family court may waive it if the efforts to reconcile have failed, the parties have been separated for a long time, and the settlement is complete. Applications for waiver are commonly made together with the first motion.

Can one spouse withdraw consent?

Yes, until the decree is passed. If consent is withdrawn, the petition cannot go forward as a mutual one.

Costs and time

The legal fee depends on the case. The usual timeline is a few months to about a year, depending on how soon the settlement is complete and whether a waiver is granted.

Mistakes to avoid

  • A verbal settlement with no written terms
  • Not mentioning children’s expenses and visitation
  • Signing blank papers
  • Pending cases (for example, a 498A or maintenance case) not being addressed in the settlement. Ask your advocate how to close them.
Tip: Before signing, ask the lawyer to explain every clause in a language you understand.

Frequently asked questions

Can we file mutual divorce if one of us lives abroad?

Yes. The spouse abroad can often appear through video conferencing or a power of attorney, with the permission of the court, subject to local court practice.

Is alimony compulsory in mutual divorce?

No. It is whatever the spouses agree, although the court checks that the arrangement is fair.

Do we have to wait one year after marriage?

Yes. A petition within the first year of marriage needs special permission from the court.

Can a mutual divorce be cancelled later?

Only on very limited grounds such as fraud. It is important to be sure before signing.

Have a question about your own situation?

Tell us briefly what has happened and we will guide you on the next step. Hemanth & Associates, Malleshwaram, Bengaluru.

Book a consultation on WhatsApp Call +91 98440 85056

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Last reviewed: October 2026. This article is for general information only. It is not legal advice and does not create an advocate-client relationship. Laws, fees and procedures change, and every case depends on its own facts, so please consult a qualified advocate before acting. In line with Bar Council of India rules, this page is not an advertisement or solicitation.

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