People arrive at the chamber convinced that because the marriage ended badly, the divorce has to be fought. Often it does not. What decides whether a mutual consent petition is possible is not how much bitterness there is — it is whether the two sides can agree on three things: maintenance, custody, and the return of belongings.
How it runs
- First motion: the joint petition is filed and both parties record statements before the Family Court.
- Waiting period: six months from the first motion, meant as a window for reconsideration.
- Second motion: statements are recorded again and the decree follows.
The waiting period can be waived. The Supreme Court has held that where the parties have already lived separately for the statutory period, all issues are genuinely settled, and there is no possibility of reconciliation, the court may dispense with it. Whether the waiver is granted is a matter for the court, and it is not automatic.
What actually delays it
Not the court. In practice the delays are: an incomplete settlement on maintenance that unravels between the motions, one party leaving the city and not appearing for the second motion, and — very commonly in matters involving families settled outside Rajasthan — the assumption that appearance can be managed by a relative. It cannot. Both parties must appear.
What to bring to the first meeting
- Proof of marriage — certificate, photographs, invitation card
- Proof of separate residence and since when
- Income documents of both sides, as far as available
- A clear note of what has already been agreed on maintenance, custody and belongings
When mutual consent is the wrong route
Where there has been violence, where one side is concealing income, or where a criminal complaint is already running, a settlement negotiated in a hurry usually holds badly. In those matters the honest advice is that the contested route protects you better, even though it takes longer — and any advocate who tells you otherwise in the first meeting has not read the papers.
What this stands on
Every statement above rests on one of the provisions below. Section numbers are the 2023 codes — the BNS, BNSS and BSA replaced the IPC, CrPC and Evidence Act from 1 July 2024.
- Hindu Marriage Act s.13B
- Divorce by mutual consent — the two motions and the six-month period
- Hindu Marriage Act s.13
- Grounds for a contested petition
- Family Courts Act 1984, s.13
- Representation by a legal practitioner is with the court's permission
- BNSS s.144
- Maintenance of wife, children and parents
- Supreme Court, on waiver of the s.13B(2) period
- TODO: Adv. Prajapat to supply the exact citation before publishing
Awaiting verification by Rajender Prajapat before publication. This is general information about the law, not advice on your matter.