Mutual Divorce Lawyer in Ahmedabad

Conditions for mutual consent divorce

Under Section 13B of the Hindu Marriage Act, 1955 (and Section 28 of the Special Marriage Act, 1954), a couple can file for divorce by mutual consent if:

• they have been living separately for at least one year before filing (living separately means not living as husband and wife – it can be under the same roof);
• they have not been able to live together; and
• both have mutually agreed that the marriage should be dissolved.

Christian couples can file under Section 10A of the Divorce Act, 1869, which requires two years of separation.

Settlement terms to agree before filing

• Permanent alimony – a one-time amount or instalments, or a waiver.
• Stridhan – return of jewellery, gifts and personal articles.
• Child custody and visitation – who the child lives with and the schedule for the other parent.
• Child maintenance and education expenses.
• Property – shared home, loans and joint accounts.
• Withdrawal of pending cases – maintenance, DV, cruelty/498A cases filed earlier, and quashing of FIRs on settlement.

We draft these terms carefully because the settlement is recorded by the court and is binding.

Mutual divorce process in the Ahmedabad Family Court

1. Draft the joint petition and settlement terms; both spouses sign.
2. File the petition at the Family Court with marriage proof, photographs and ID.
3. First motion – both parties appear and their statements are recorded.
4. Cooling-off period – the law provides six months between the first and second motion.
5. Second motion – both confirm consent again (no earlier than six months and within 18 months of filing).
6. Divorce decree – the court passes the decree and the marriage is dissolved.

Can the six-month waiting period be waived?

Yes. In Amardeep Singh v. Harveen Kaur (2017) the Supreme Court held that the six-month cooling-off period is not mandatory and the Family Court may waive it where the parties have already been separated for over 18 months (including the one-year separation), all mediation efforts have failed, and all issues of alimony and custody are settled. In Shilpa Sailesh v. Varun Sreenivasan (2023) the Supreme Court also recognised its own power to grant divorce directly in appropriate cases. When eligible, we file a waiver application with the petition so the divorce can be completed in weeks rather than months.

Documents required

• Marriage certificate or wedding photographs and invitation card.
• Address proof and ID of both spouses.
• Four passport-size photographs of each, and a joint wedding photograph.
• Proof of separate residence for one year (if available).
• Income details and settlement terms.

Mutual divorce for NRIs

If one spouse lives abroad, the case can often proceed with that spouse appearing by video conference, and with a family member assisting through a Power of Attorney for filing. We coordinate timing so the overseas spouse’s travel, if needed at all, is kept to a minimum.

Frequently asked questions

Last updated October 2026. This page is general legal information, not legal advice for your specific situation.