Under Section 13B of the Hindu Marriage Act, 1955, Divorce by mutual consent can be filed.

1. Marriage between the couple was solemnized and should not be null and void.

2. Husband and wife have been living separately for a period of one year or more.

1. Where the marriage was solemnized.

2. Where couple last lived as a husband and wife.

3. Where the wife is residing as of present.

Appoint a Lawyer and file Divorce petition.

The joint divorce petition is in the form of an affidavit along with settlement agreement, are to be presented to the family court by both the spouses on the ground of unable to live together, want to dissolve the marriage and last one year or more they have been living separately .

This petition will, then, be signed by both the parties and passport size photos of both the parties should be affixed on the petition.

The settlement agreement contain all terms and condition decided between the parties including custody of child, maintenance or alimony, visiting right to meet child and distribution of property among the parties etc. and be signed by both the parties.

Affidavit of both the parties should contain signature and stamp of oath commissioner along with deponent signature.

After filling the petition, both parties will have to appear in the family court on the date of hearing.

The court will inspect the divorce petition and carefully examine the address proof (voter ID or Aadhaar card etc.) of the parties, marriage proof (marriage certificate or marriage card or wedding photos) etc. and then record the statements of both the parties. An order on the first motion will be passed by the court if the reconciliation effort made between the parties yield no result.

The court gives a six-month cooling off period to both the parties , before they can file the second motion. So that both the parties think again about their decision of dissolution of marriage or settled their differences.

The Hon’ble Supreme Court in Amardeep Singh vs Harveen Kaur held that “waiver of the cooling-off period is directory and it is open to the court to exercise its discretion on the facts and circumstances of each case, where there is no possibility of the parties resuming cohabitation and when there are chances of alternative rehabilitation”.

In view of above judgement the court may allow the waive off application for setting aside the minimum mandatory period 6 month that can be filed by the parties after a period of one week from the day the first motion is passed.

Then a second motion is filed and the court grants a divorce.

The second motion is in the form of affidavit for are to be presented to the family court 

This petition will, then, be signed by both the parties and passport size photo of both the parties should be affixed.

Affidavit of both the parties should contain signature and stamp of oath commissioner along with deponent signature.

After filling the second motion petition both the parties will have to appear before the family court on the date of hearing and the statement of both the parties are recorded, and the marriage between both the parties is dissolved by a decree of divorce by mutual consent.