Mutual Consent Divorce at Faridabad Family Court: Timeline, Cost and Documents

Not every marriage ends in a courtroom battle. Sometimes both people simply accept that it is over, and want to part with dignity.

That is exactly what mutual consent divorce is for. It is the fastest, cheapest and least painful way to end a marriage in India — no allegations, no character assassination, no years of hearings.

Here is how it actually works at the Family Court in Faridabad.

Which Law Applies to You?

• Hindus, Sikhs, Buddhists, Jains — Section 13B, Hindu Marriage Act, 1955
• Inter-faith or registered civil marriages — Section 28, Special Marriage Act, 1954
• Christians — Section 10A, Divorce Act, 1869
• Muslims — through Khula or Mubarat under personal law

Note that the new criminal laws (BNS, BNSS, BSA) did not change divorce law. Family law statutes remain exactly as they were.

The Three Conditions

For a mutual consent divorce, you must show that:

1. You have been living separately for one year or more
2. You have not been able to live together
3. Both of you have freely agreed that the marriage should be dissolved

“Living separately” does not always mean living at different addresses. Courts have accepted that a couple staying under the same roof but not living as husband and wife qualifies.

One important restriction: under Section 14 of the Hindu Marriage Act, a divorce petition generally cannot be filed within one year of marriage, except in cases of exceptional hardship.

The Step-by-Step Process

Step 1: The Settlement

Before filing, both sides agree on the practical issues — alimony or permanent settlement, child custody and visitation, stridhan and jewellery, and property. This is usually recorded in a written agreement.

Get this right. Most mutual divorces that collapse do so because money and custody were left vague.

Step 2: First Motion

A joint petition is filed before the Family Court, Faridabad. Both spouses appear, and their statements are recorded on oath. The court verifies that consent is genuine and not obtained by force.

Step 3: The Cooling-Off Period

The law provides a six-month waiting period after the first motion, with an outer limit of eighteen months. The idea is to give couples a chance to reconsider.

Step 4: Second Motion

Both parties appear again and confirm they still want the divorce. Statements are recorded a second time.

Step 5: Decree

The court passes the decree of divorce. The marriage is legally over from that date.

Can the Six-Month Wait Be Waived?

Yes — and this is the single most useful thing to know.

In Amardeep Singh v. Harveen Kaur, the Supreme Court held that the six-month period under Section 13B(2) is directory, not mandatory. A Family Court may waive it where:

• The one-year separation requirement is already satisfied
• Mediation and reconciliation efforts have genuinely failed
• All issues — alimony, custody, property — are fully settled
• Further waiting would only prolong the suffering

A waiver application is filed along with the first motion. Where granted, a mutual divorce can conclude in a few weeks instead of many months.

Where to File

You can file before the Family Court where:

• The marriage was solemnised, or
• You last lived together as husband and wife, or
• The wife currently resides

Documents You Will Need

• Marriage certificate or proof of marriage (photographs, invitation card)
• Address proof and photo ID of both parties
• Passport-size photographs of the wedding and of both spouses
• Proof of separate living
• Income proof — salary slips or income tax returns
• Details of assets and liabilities
• The written settlement agreement / MoU
• Details of children, if any

Realistic Timeline and Cost

Timeline:

• Without waiver: roughly 6 to 10 months
• With waiver granted: often 1 to 3 months

Cost: Court fees are nominal — a few hundred rupees. The real expense is professional fees, which vary with complexity and the advocate’s experience. Ask for a written fee structure covering both motions before you engage anyone. Be cautious of anyone promising a “one-day divorce” — no such thing exists.

A Warning: Consent Can Be Withdrawn

Either spouse can withdraw consent any time before the second motion. If that happens, the mutual petition fails and the matter may turn into a contested divorce.

This is precisely why a properly drafted settlement — with payments structured around the motions — protects both sides.

Conclusion

Mutual consent divorce is designed to be humane. Two adults, one agreement, two court appearances, and a clean end.

The couples who struggle are usually those who filed with unresolved money or custody questions, or who did not know the cooling-off period could be waived. Sort out the settlement first, and consider engaging an experienced divorce advocate in Faridabad who regularly appears before the local Family Court — familiarity with the court’s practice genuinely shortens the process.

Note: This blog is just for educational purposes; it does not act as legal advice. For legal representation, contact a practising advocate. This blog cannot be used as legal evidence or for legal purposes.