How long does mutual divorce take?

After 1st motion filing, there is a mandatory 6-month cooling-off period under §13B(2) / §28(2). The 2nd motion then leads to decree. Total time: 6–18 months. The Supreme Court in Amardeep Singh v Harveen Kaur (2017) 8 SCC 746 held the cooling-off can be waived where settlement is genuine.

Can Muslims / Christians / Parsis use this petition?

No. This generator only covers HMA §13B (Hindus, Buddhists, Sikhs, Jains) and SMA §28 (civil marriage). Christians use §10A of the Indian Divorce Act 1869; Muslims use Khula or Mubarat; Parsis use §32B of the Parsi Marriage Act 1936.

Two plain gold wedding bands placed apart on marble — symbolic of mutual divorce

Family Law

Mutual Divorce Petition — §13B HMA 1955 / §28 Special Marriage Act 1954

When both spouses agree to separate, mutual-consent divorce is the fastest, least painful, and least expensive route. Pick the applicable statute, fill the joint petition, list mutually-agreed terms (custody, maintenance, property, alimony), and generate a print-ready bilingual draft for the Family Court.

Print-ready Bilingual EN + HI Generated in your browser Mutual consent — fastest route

1. Choose the applicable statute

Other personal laws: Christians use §10A Indian Divorce Act 1869 (2-year separation). Muslims use Khula / Mubarat (mutual at family-court level + qazi). Parsis use §32B Parsi Marriage & Divorce Act 1936. This drafter currently supports HMA + SMA — consult a family lawyer for other personal laws.

2. Fill the joint-petition details

Husband's full name (Petitioner No. 1)

Husband's age

Husband's current address

Husband's occupation

Husband's annual income (₹)

Wife's full name (Petitioner No. 2)

Wife's age

Wife's current address

Wife's occupation

Wife's annual income (₹)

Date of marriage

Place of marriage

Date of separation (living apart since)

Number of children

Custody arrangement (mutually agreed)

Maintenance / alimony (mutually agreed)

Property & stridhan settlement

Family Court where the petition will be filed

Place (for verification)

Date (for verification)

3. Your draft joint petition

The draft is generated entirely in your browser. Nothing is sent to any server.

The mutual-divorce timeline

Mutual-consent divorce is the only Indian divorce route that can finish in 6 months. All other routes take 2-5 years and require proof of fault.

Day 0 1st motion filed

Joint petition filed at Family Court. Statements recorded. Both spouses must be present.

Month 6 Cooling-off period

Statutory 6-month wait under §13B(2). Either spouse can withdraw at any time. Amardeep Singh v Harveen Kaur (2017) allows the court to waive this 6-month wait if all settlement terms are ready.

Month 6-18 2nd motion + decree

Both spouses re-appear, confirm consent. Court records statements + grants divorce decree under §13B(2). Decree comes into force on the date of pronouncement.

Documents to bring to court

Identity & marriage proof

Marriage certificate (original + 2 copies)
Aadhaar / Passport / Voter ID of both spouses
4 passport-size photos of each
Address proof of residence in jurisdiction of court

Financial & settlement proof

Income certificates / IT returns of last 3 years (both)
Property documents (if any settlement involves property)
Bank statements (last 6 months) showing financial position
Birth certificates of children + school records

This is a starter draft, not legal advice. Divorce filings have permanent legal consequences (custody, maintenance, property, future remarriage). Even mutual-consent cases benefit from a brief consultation with a family lawyer before the 1st motion to confirm jurisdiction, completeness of the settlement, and statutory waiting-period strategy under Amardeep Singh v Harveen Kaur. KanoonPilot does not file the petition for you and does not represent either party in court.