Divorce is one of the most significant decisions in a person’s life, marking the legal end of a marriage. While it is often accompanied by emotional and financial stress, understanding the legal provisions and the easiest and fastest way to get a divorce in India can make the process smoother and more efficient. The Indian legal system provides different routes for divorce based on mutual consent or contested issues. Among these, the most easy and fast way to get a divorce in India is through a Mutual Consent Divorce under Section 13B of the Hindu Marriage Act, 1955 (for Hindus) or under the corresponding provisions in other personal laws for different religions.
This article provides a detailed explanation of the easiest and fastest divorce procedure in India, covering laws, eligibility, procedures, timelines, and practical tips for obtaining divorce efficiently.
Understanding Divorce under Indian Law
Divorce in India can broadly be divided into two main categories:
- Mutual Consent Divorce – When both spouses agree to end the marriage amicably.
- Contested Divorce – When one spouse files for divorce without the consent of the other on specific legal grounds like cruelty, adultery, desertion, etc.
While both types are legally recognized, the mutual consent divorce is by far the simplest, least time-consuming, and least expensive way to end a marriage legally.
1. Mutual Consent Divorce – The Fastest and Easiest Way
Legal Provision
For Hindus, the law governing mutual consent divorce is Section 13B of the Hindu Marriage Act, 1955.
For Christians, it is governed under Section 10A of the Indian Divorce Act, 1869.
For Parsis, under Section 32B of the Parsi Marriage and Divorce Act, 1936.
For Muslims, divorce through mutual agreement can be done via Khula (at the wife’s request) or Mubarat (by mutual consent).
For couples married under the Special Marriage Act, 1954, mutual consent divorce is covered under Section 28.
Despite religious differences, the underlying principle of mutual consent divorce remains the same – both spouses voluntarily agree to dissolve the marriage.
2. Conditions for Filing a Mutual Consent Divorce
Before approaching the court for a mutual consent divorce, certain conditions must be fulfilled:
- Minimum Period of Marriage:
The couple must be married for at least one year before filing a divorce petition.
(In exceptional circumstances, the Supreme Court has the power to relax this condition under Article 142 of the Constitution.) - Mutual Agreement:
Both husband and wife must agree mutually that they can no longer live together and want to dissolve the marriage. - Separation for at least one year:
The couple should have been living separately for at least one year prior to filing the petition. “Living separately” doesn’t necessarily mean living in different houses; even if they live under the same roof but do not share marital relations, it is considered separation. - No Coercion or Fraud:
The consent for divorce must be free and voluntary, without any pressure, undue influence, or fraud.
3. Procedure for Mutual Consent Divorce
The mutual consent divorce procedure is simple and can be completed in as little as 6 months, and in some cases, even faster if the cooling-off period is waived by the court.
Let’s go through the step-by-step process:
Step 1: Preparation and Settlement
Before filing the petition, both spouses should discuss and mutually settle key issues such as:
- Custody of children (if any)
- Division of assets and property
- Maintenance or alimony
- Return of dowry/stridhan (if applicable)
- Any pending litigation between the parties
Once these matters are amicably resolved, the couple can jointly draft a mutual consent divorce petition.
Step 2: Filing the First Motion Petition
The petition (called First Motion Petition) is filed jointly by both spouses before the Family Court or District Court having jurisdiction, i.e., where:
- The marriage was solemnized, or
- The couple last resided together, or
- The wife currently resides.
The petition should include:
- Details of marriage (date and place)
- Addresses of both parties
- Grounds for divorce (mutual consent)
- Terms of settlement regarding maintenance, custody, and property
Once filed, the court fixes a date for the first motion hearing.
Step 3: Recording of Statements
On the date of the first hearing, both husband and wife must personally appear before the Family Court, and their statements are recorded confirming mutual consent and the terms of the settlement.
The court ensures that the consent is genuine and not obtained through coercion or fraud.
Step 4: Cooling-off Period (6 Months)
After the first motion, the law provides a cooling-off period of 6 months to give the couple time to reconsider their decision.
However, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 held that this 6-month period is not mandatory and can be waived by the court if:
- All issues (alimony, custody, etc.) are settled;
- The marriage has irretrievably broken down;
- Both parties have genuinely decided to separate permanently;
- Waiting will only prolong their agony.
Thus, if both parties file a joint application for waiving the cooling-off period and the court is satisfied, the divorce can be granted in as little as 2–3 months.
Step 5: Second Motion Petition
After the cooling-off period (or its waiver), both parties must again appear before the court and file the Second Motion Petition confirming their decision to proceed with the divorce.
The court once again records statements from both sides to verify continued mutual consent.
Step 6: Decree of Divorce
If the court is satisfied that:
- Both parties have voluntarily consented;
- There are no unresolved disputes; and
- The marriage has broken down irretrievably,
Then the court passes a decree of divorce, officially dissolving the marriage.
This decree is final and binding, and the marriage ceases to exist from the date of the order.
4. Time Frame for Mutual Consent Divorce
Normally, the entire mutual consent divorce process takes about 6 to 18 months depending on:
- Court’s schedule and workload,
- Whether the cooling-off period is waived, and
- The cooperation level of both spouses.
If the cooling-off period is waived, the divorce can be completed within 2–3 months, making it the fastest legal way to get a divorce in India.
5. Documents Required for Mutual Consent Divorce
The following documents are usually required:
- Marriage certificate or wedding photographs
- Address proof of both husband and wife
- Passport-sized photographs
- Proof of separation (if available)
- Details of assets, income, and property
- Joint petition for divorce
- Settlement agreement (maintenance, custody, etc.)
- Income tax returns (optional but useful)
- Affidavit of mutual consent
The list may vary slightly depending on the local court’s requirements.
6. Advantages of Mutual Consent Divorce
- Speed and Simplicity:
It is the quickest method of divorce with minimal court intervention. - Cost-Effective:
Legal expenses are significantly lower since both parties file jointly. - Privacy and Dignity:
Proceedings are simple and less confrontational, protecting both parties’ reputations. - Avoids Long Litigation:
Since both agree on terms, there’s no lengthy trial, evidence, or witness examination. - Flexibility:
Parties can mutually decide maintenance, alimony, and custody without the court’s imposition.
7. When Can the Court Refuse Mutual Consent Divorce?
A mutual consent divorce may be refused or delayed if:
- One party withdraws consent before the second motion.
- There is evidence of coercion or fraud in obtaining consent.
- There are pending criminal or maintenance cases not settled amicably.
- The parties fail to appear for hearings.
8. Alternatives When Mutual Consent Divorce Is Not Possible
If one spouse refuses to give consent or withdraws midway, the other can file a Contested Divorce under specific grounds such as:
- Cruelty (physical or mental)
- Desertion (for at least two years)
- Adultery
- Conversion to another religion
- Unsoundness of mind
- Venereal disease or leprosy
- Presumption of death (if spouse not heard of for 7 years)
However, contested divorce cases are lengthy and stressful, often taking 3–5 years or more.
9. Tips to Make the Divorce Process Faster
- Opt for Mutual Consent: Always prefer mutual consent divorce when possible.
- Prepare Documents in Advance: Keep all documents ready to avoid delays.
- Settle Financial and Custody Issues Amicably: Pre-agreed terms speed up proceedings.
- Request Waiver of Cooling-off Period: File an application citing Amardeep Singh v. Harveen Kaur (2017).
- Engage an Experienced Lawyer: A good lawyer can draft documents correctly and avoid procedural errors.
- Attend All Hearings Promptly: Absence of parties can cause adjournments and delay the process.
10. Case Law on Mutual Consent Divorce
- Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746 –
The Supreme Court held that the 6-month cooling-off period under Section 13B(2) is not mandatory and can be waived. - Sureshta Devi v. Om Prakash (1991) 2 SCC 25 –
The Court clarified that mutual consent must continue till the date of the second motion; either party can withdraw consent before that. - Hitesh Bhatnagar v. Deepa Bhatnagar (2011) 5 SCC 234 –
Reiterated that withdrawal of consent before second motion invalidates the mutual consent divorce petition.
11. Divorce for NRIs and Foreign Marriages
If one or both spouses are Non-Resident Indians (NRIs), they can file for mutual consent divorce in India if the marriage was solemnized or registered in India.
In some cases, divorce can also be filed online through a power of attorney, provided both parties agree.
However, a foreign divorce decree is valid in India only if granted on grounds recognized under Indian law and if both parties had proper notice and representation.
12. Role of Family Court and Lawyer
The Family Court’s role is to ensure:
- The consent of both parties is genuine.
- There are no unresolved issues regarding maintenance, custody, or property.
- The decision is in accordance with public policy and fairness.
A lawyer plays a crucial role in drafting the petition, negotiating settlements, filing motions, and representing the clients during hearings. A well-drafted settlement agreement helps prevent future disputes.
Conclusion
To sum up, the most easy and fast way to get a divorce in India is through a Mutual Consent Divorce under Section 13B of the Hindu Marriage Act, 1955, or equivalent provisions in other personal laws. This process allows couples to dissolve their marriage amicably, with dignity and minimal delay. The law’s flexibility, particularly after the Supreme Court’s ruling allowing waiver of the six-month waiting period, has made mutual consent divorce the most efficient option for couples who mutually decide to separate.
By ensuring mutual agreement, preparing documents correctly, and settling key issues like maintenance and custody beforehand, couples can conclude the divorce process in as little as 2 to 3 months, making it the fastest and easiest legal route to end a marriage in India.
FAQs
1. What is the fastest way to get a divorce in India?
The fastest way to get a divorce in India is through Mutual Consent Divorce under Section 13B of the Hindu Marriage Act, 1955, where both spouses agree to end the marriage amicably.
2. Can the six-month cooling-off period be waived?
Yes, courts can waive the six-month cooling-off period under the Supreme Court’s judgment in Amardeep Singh v. Harveen Kaur (2017) if both parties have settled all issues.
3. Can mutual consent divorce be filed online?
While the petition must be filed in person before the court, initial consultations, drafting, and coordination can be done online through a lawyer.
4. What happens if one spouse withdraws consent?
If one spouse withdraws consent before the second motion, the court cannot grant a mutual consent divorce. The other spouse must then file a contested divorce.
5. How much does a mutual consent divorce cost in India?
The cost typically ranges between ₹10,000 to ₹50,000, depending on the lawyer’s fee, court location, and complexity of settlement.
6. Can mutual consent divorce be granted without physical appearance?
In exceptional cases, courts may allow representation through power of attorney or video conferencing, especially for NRIs or those residing abroad.
7. Is alimony mandatory in mutual consent divorce?
No, alimony or maintenance is not mandatory if both parties agree to waive it. It is a matter of mutual settlement.
8. What if the couple reconciles during the cooling-off period?
If they decide to live together again, the divorce petition can be withdrawn at any stage before the decree is passed.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304