Mutual Consent Divorce at the Bandra Family Court: Timeline and Documents

Who Can File for Mutual Consent Divorce

Under Section 13B of the Hindu Marriage Act, 1955, a husband and wife can jointly ask the court to dissolve their marriage if:

• They have been living separately for one year or more
• They have not been able to live together
• They have mutually agreed that the marriage should be dissolved

Living separately does not always mean living in different houses. What matters is that the spouses have not been living as husband and wife during that period.

Similar provisions apply to other marriages: Section 28 of the Special Marriage Act, 1954, and, for Christian marriages, Section 10A of the Divorce Act, 1869, which requires at least two years of separation.

Which Court Hears the Petition

In Mumbai, matrimonial cases are heard by the Family Court at Bandra East, near Bandra-Kurla Complex. Under Section 19 of the Hindu Marriage Act, a petition may be filed where the marriage was solemnised, where the respondent lives, where the couple last lived together, or where the wife lives at the time of filing.

Step-by-Step Process and Timeline

1. Settlement terms: The spouses agree in writing on alimony or a one-time settlement, return of jewellery and belongings, child custody and visitation, and any property or loan issues.
2. First motion: A joint petition with affidavits and the agreed terms is filed. Both spouses appear, and the court records their statements. The court may refer them to a counsellor.
3. Waiting period: The law provides that the second motion may be moved not earlier than six months, and not later than eighteen months, after the petition is presented.
4. Second motion: Both spouses appear again and confirm that they still consent. Their statements are recorded once more.
5. Decree: If the court is satisfied, it passes a decree of divorce. A certified copy of the decree should be obtained and kept safely.

Without a waiver, the process usually takes about six to eight months from filing, depending on court dates.

Can the Six-Month Period Be Waived?

Yes, in suitable cases. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period is not mandatory and the Family Court may waive it after considering factors such as:

• Whether the one-year separation and the six-month period have together already passed
• Whether attempts at mediation or reconciliation have failed
• Whether the spouses have genuinely settled all issues, including alimony and custody
• Whether the waiting period would only prolong their difficulties

An application for waiver can be made after the first motion. Whether it is granted depends on the facts and the court's assessment.

Documents to Keep Ready

Children, Alimony and Belongings

The court checks that the settlement terms are clear and fair. Where there are children, the terms should cover custody, visitation, schooling and maintenance, with the child's welfare as the main consideration. Alimony may be a lump sum or periodic payments, and the terms should state how and when payment will be made, including whether part is paid at each stage.

Common Questions

• Do both spouses have to attend: Generally yes, at both motions. Courts may allow appearance by video conferencing in suitable cases, which helps where one spouse lives abroad.
• Can consent be withdrawn: Yes. Either spouse can withdraw consent before the decree is passed, in which case the court cannot grant a mutual consent divorce.
• Is an advocate needed: Under the Family Courts Act, 1984, parties are not entitled to be represented by an advocate as of right, but the court may permit it. Advocates commonly draft the petition, affidavits and settlement terms and advise throughout.

This guide is general information about the law as of October 2026 and is not legal advice. Each case depends on its facts and the court's directions.