Mutual Divorce in India: A Complete Guide

Before filing for mutual divorce, couples must satisfy certain conditions. There should be no coercion, fraud, or undue influence compelling either spouse to agree.

Under the Hindu Marriage Act, the couple must have been living separately for at least one year before filing the petition. "Living separately" does not necessarily mean living in different cities or houses — it means they have not been living as husband and wife. The separation can be under the same roof, provided they have ceased to cohabit as a married couple.

Additionally, they should have settled all ancillary matters, including alimony, maintenance, child custody, and division of property, before or during the proceedings

Filing the Joint Petition (First Motion):Both spouses jointly file a divorce petition before the Family Court having jurisdiction — typically the court in whose jurisdiction they last resided together, where the marriage was solemnized.

The Cooling-Off Period: After the first motion is recorded, the court traditionally imposes a cooling-off period of six months.

Second Motion and Final Hearing: After the cooling-off period expires, both parties appear before the court to confirm that they still wish to proceed with the divorce.

The Cooling-Off Period be waived? In SSC *Amardeep Singh v. Harveen Kaur* (2017). the six-month cooling-off period under Section 13B(2) of the Hindu Marriage Act is is not mandatory and can be waived by discretion .