According to Section 13B of the Hindu Marriage Act, 1955 and the Supreme Court landmark judgement in Amardeep Singh vs. Harveen Kaur (2017) 8 SCC 746, a mutual divorce involves a mandatory waiting period of 6-18 months from the date of filing the first motion. The process begins with filing a joint petition (first motion) before the Family Court, where both spouses must demonstrate they have been living separately for at least one year and have mutually agreed to dissolve the marriage. The Supreme Court, in this case, also clarified that courts can waive the mandatory 6-month cooling period between the first and second motion if they are satisfied that: (1) the statutory period of six months specified in Section 13B(2) has elapsed, (2) all efforts at reconciliation have failed, and (3) the parties have genuinely settled their differences including alimony, child custody, and other pending issues.
The Family Courts Act, 1984, and the Special Marriage Act, 1954, with the recent amendment in 2023, after filing the second motion, the court typically takes 3-4 months to grant the final divorce decree if all documentations are in order. The required documents include a marriage certificate, address proof, income proof, photographs of marriage, and a joint affidavit stating the grounds for divorce and terms of settlement. According to Order XXXIIA of the Civil Procedure Code, 1908, the Family Court must also ensure that the divorce petition is not filed under coercion and both parties have given their free consent. If any mandatory requirements are not met, the process could take longer, potentially extending up to 18 months from the date of filing the first motion.
