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Advocate, High Court | Practicing Law Since 2008

How to File Mutual Consent Divorce in High Court India

Complete Procedural Guide

Step-by-Step Procedure for Mutual Divorce in India

Filing for a mutual consent divorce in India under Section 13B of the Hindu Marriage Act, 1955 or Section 28 of the Special Marriage Act, 1954 follows a structured legal workflow. Under the guidance of Adv. Jyoti Chavhan (Advocate High Court), the procedure is completed efficiently with maximum confidentiality.

5-Step Mutual Divorce Procedure:

1

Step 1: Drafting Settlement MOU

Finalizing permanent alimony, child custody, visitation schedules, and return of stridhan/property in a written settlement deed.

2

Step 2: Filing First Motion Petition

Filing joint petition (Section 13B-1) before the Family Court along with marriage certificate, residence proof, and photographs.

3

Step 3: Recording Statements & First Order

Both spouses appear before the judge to confirm their consent under oath. Court passes First Motion Order.

4

Step 4: Cooling-off Period (or High Court Waiver)

Statutory 6-month cooling period begins. A waiver application can be filed before court if all settlements are finalized.

5

Step 5: Second Motion & Final Decree

Filing Second Motion petition (Section 13B-2), recording final statements, and receiving legally binding Decree of Divorce.

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