Procedure for Filing a Mutual Consent Divorce Petition in the Family Court at Mumbai
The procedure for obtaining a mutual consent divorce in Mumbai is governed primarily by Section 13B of the Hindu Marriage Act, 1955 (for Hindu marriages) and similar provisions under other personal laws. The process before the Mumbai Family Courts, particularly the Family Court at Bandra-Kurla Complex (BKC), generally involves the following stages.
Step 1: Legal Consultation and Settlement
Before filing the petition, both spouses should amicably settle all issues relating to:
- Permanent alimony or maintenance
- Child custody and visitation rights
- Education and medical expenses of children
- Division of movable and immovable properties
- Return of jewellery and stridhan
- Withdrawal or disposal of pending criminal or civil cases
The settlement terms are usually incorporated in a Memorandum of Understanding (MoU) or Consent Terms.
Step 2: Collection of Documents
The parties should keep ready:
- Marriage Certificate or marriage proof
- Aadhaar Card, PAN Card, or Passport
- Address proof of both parties
- Passport-size photographs
- Birth certificates of children (if any)
- Income documents (where maintenance or alimony is involved)
- Settlement Agreement (MoU)
- Copies of pending court proceedings, if any.
Step 3: Drafting of the Joint Petition
The advocate drafts a joint petition containing:
- Date and place of marriage
- Details of children
- Period of separation
- Reasons for inability to live together
- Mutual decision to dissolve the marriage
- Terms regarding alimony, custody, and property settlement
The petition must be signed and verified by both spouses.
Step 4: Filing Before the Appropriate Family Court
The petition may be filed before the Family Court having jurisdiction where:
- The marriage was solemnized; or
- The parties last resided together as husband and wife; or
- The wife presently resides.
For most cases falling within Mumbai Suburban District, the petition is filed before the Family Court at Bandra-Kurla Complex (BKC).
Step 5: First Motion Hearing
After scrutiny by the registry, the matter is listed before the Family Court.
At the First Motion:
- Both spouses remain personally present.
- Their statements are recorded on oath.
- The Court verifies that:
- They have lived separately for at least one year;
- They are unable to live together;
- Their consent is voluntary and free from coercion;
- All disputes have been amicably settled.
The First Motion is then allowed.
Step 6: Counselling and Mediation
Under the provisions of the Family Courts Act, the Court may refer the parties to a counsellor or mediator to explore the possibility of reconciliation.
If reconciliation is not possible, the matter proceeds further. At Mumbai Family Courts, counselling is generally an important procedural step after the First Motion.
Step 7: Cooling-Off Period
Ordinarily, a period of six months must elapse between the First Motion and the Second Motion.
However, the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that this period is directory and may be waived if:
- The parties have already lived separately for a sufficiently long period;
- There is no possibility of reconciliation;
- All disputes have been fully settled; and
- Further waiting would only prolong their suffering.
Step 8: Filing the Second Motion
After the cooling-off period (or upon obtaining a waiver), both parties jointly move the Second Motion petition.
Both spouses must once again confirm:
- Their continued consent for divorce;
- Compliance with settlement terms; and
- Their intention to dissolve the marriage permanently.
Step 9: Final Hearing and Decree of Divorce
The Court examines:
- Whether consent still exists;
- Whether the settlement is lawful and fair;
- Whether all legal requirements have been fulfilled.
Upon satisfaction, the Family Court passes a decree of divorce by mutual consent, thereby legally dissolving the marriage. Certified copies of the decree are thereafter issued to the parties.
Typical Timeline in Mumbai
|
Situation |
Approximate Time |
|
With Cooling-Off Period |
6–8 months |
|
With Waiver of Cooling-Off Period |
2–4 months |
|
NRI Cases (with video conferencing or POA) |
3–6 months |