At a glance
| Main laws | Hindu Marriage Act, 1955; Special Marriage Act, 1954; personal laws; Family Courts Act, 1984 |
|---|---|
| Mutual consent divorce | Section 13B HMA; the 6-month cooling-off period can be waived in suitable cases |
| Maintenance | Section 144 BNSS (formerly Section 125 CrPC), Sections 24 and 25 HMA, and the DV Act |
| Domestic violence | Protection of Women from Domestic Violence Act, 2005 |
| Custody | Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956; the child's welfare is paramount |
| Disclosure | Both parties file affidavits of assets and income in maintenance cases (Rajnesh v. Neha, 2020) |
Matters we handle
Mutual consent divorce
Settlement terms on alimony, custody and property, drafting the joint petition and seeking waiver of the cooling-off period where appropriate.
Contested divorce
Petitions and defences on grounds such as cruelty, desertion and adultery, and judicial separation.
Maintenance and alimony
Interim and permanent maintenance for spouses and children, enhancement and reduction.
Child custody and visitation
Custody, guardianship, visitation schedules and relocation disputes.
Domestic violence proceedings
Applications and defences for protection, residence and monetary relief under the DV Act.
Mediation and settlement
Family Court and court-annexed mediation, and global settlements across pending cases.
How a mutual consent divorce works
Settlement
Spouses agree on alimony, stridhan and property, custody and the withdrawal of other cases.
First motion
A joint petition is filed after living separately for at least one year, and both parties appear.
Cooling-off period
Six months before the second motion. Courts may waive it where the conditions laid down by the Supreme Court are met.
Second motion and decree
Both parties confirm consent and the court passes a decree of divorce.
Before you file
Collect marriage records, income and asset documents, and any communications relevant to your case. Avoid sharing private material publicly or on social media. If you are in immediate danger, contact the police (112) or the women's helpline (181) first; legal steps can follow.
Frequently asked questions
How long does a mutual consent divorce take in India?
Typically 6 to 18 months, mainly because of the 6-month cooling-off period between the first and second motions. Where courts waive that period, it can be completed much faster.
Can the 6-month waiting period be waived?
Yes. The Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that Family Courts may waive it if the parties have been separated for over 18 months at the time of the first motion, mediation has failed and all issues are settled. The Supreme Court can also dissolve a marriage directly under Article 142.
Who can claim maintenance?
A wife, children and parents unable to maintain themselves can claim maintenance under Section 144 BNSS. Under the Hindu Marriage Act, either spouse can claim maintenance pending litigation and permanent alimony.
How is child custody decided?
The welfare of the child is the paramount consideration. Courts look at the child's age, wishes where mature enough, stability, education and each parent's ability to care for the child. Shared parenting and visitation are common.
Is mediation compulsory in matrimonial cases?
Family Courts are required to attempt reconciliation and settlement, and most refer parties to mediation. Mediation is voluntary in outcome: no one can be forced to settle.
Talk to Inovatree about matrimonial cases
Inovatree Consultants LLP works from Delhi NCR, Mumbai and Kolkata with clients across India. Learn more about the firm on inovatree.in:
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Last reviewed 24 October 2026. This guide summarises the law in general terms. Every matter turns on its own facts, so take advice before acting.