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FAQs on Mutual Divorce in Bengaluru

In Bengaluru, like the rest of India, divorce primarily falls into two categories:

Mutual Consent Divorce: This is when both spouses mutually agree to end the marriage and have already agreed on terms like alimony, child custody, and property division. This process is generally faster and less adversarial.  
Contested Divorce: This occurs when one spouse files for divorce, but the other disagrees either with the divorce itself or with the proposed terms (like alimony, custody, etc.). This process involves court proceedings where grounds for divorce must be proven, and it typically takes longer.

To file for a mutual divorce under laws like the Hindu Marriage Act, 1955 or Special Marriage Act, 1954 in Bengaluru, you generally need to meet these conditions:

  • Both spouses must freely consent to the divorce
  • The couple must have been married for at least one year.
  • The couple must have been living separately for a period of at least one year immediately before filing the petition (living separately means not residing as husband and wife, even if under the same roof).
  • They must have mutually agreed on the terms of separation, including alimony, child custody/support, and property division.

The typical process involves:

  • Step 1: Drafting & Filing Joint Petition: Both spouses, usually through a lawyer, draft and file a joint petition for divorce in the appropriate Family Court in Bengaluru. The petition states they’ve been living separately for over a year, cannot reconcile, and have agreed on settlement terms.
  • Step 2: First Motion Hearing: Both spouses must appear in court. The judge verifies their consent and reviews the petition and documents. Statements are recorded. If satisfied, the court passes the first motion.
  • Step 3: Cooling-Off Period: A mandatory waiting period of 6 months is granted for potential reconciliation.
  • Step 4: Second Motion Hearing: After the 6-month period (or if the period is waived), both spouses reappear in court to reconfirm their consent.
  • Step 5: Divorce Decree: If the court is satisfied that the consent is free and all conditions are met, it grants the final decree of divorce, legally dissolving the marriage.

 

Yes, the 6-month cooling-off period [under Section 13B(2) of the Hindu Marriage Act] can be waived by the Family Court in Bengaluru. Based on Supreme Court guidelines (Amardeep Singh v. Harveen Kaur), the court has the discretion to waive it if:

  • The parties have been separated for a significant period (often interpreted as at least 18 months total separation, including the 1 year before filing).
  • All issues like alimony, custody, and property are amicably settled.
  • There is no possibility of reconciliation.
  • Both parties jointly file an application requesting the waiver after the first motion.
  • With Cooling-Off Period: The process usually takes between 6 to 18 months from filing the initial petition, primarily due to the mandatory 6-month waiting period.
  • With Waiver: If the court grants a waiver of the cooling-off period, the entire process can be significantly faster, potentially concluding within 1 to 3 months after filing the first motion, depending on court dates and procedures.

 

You will generally need:
  • Proof of Marriage (Marriage Certificate OR Wedding Invitation Card OR Marriage Photographs)
  • Address Proof for both spouses (e.g., Aadhaar Card, Passport, Voter ID)
  • Identity Proof for both spouses (e.g., Aadhaar Card, PAN Card, Passport)
  • Recent passport-sized photographs of both spouses.
  • The Joint Divorce Petition outlining settlement terms.
  • Affidavits confirming consent and separation.
  • Proof of separation for at least one year.
  • Details/proof of income and assets (relevant for settlement).

Mutual divorce is generally more affordable than contested divorce. Lawyer fees in Bengaluru for mutual consent cases can range roughly from ₹45,000 to ₹1,00,000 or more, depending on the lawyer’s experience and the specifics of the settlement. Some firms offer fixed-fee packages often payable in instalments covering both parties. Court fees are usually nominal.

Yes, generally, both spouses are required to be physically present in the Family Court for both the first motion and the second motion hearings to record their statements and confirm their consent directly before the judge. In exceptional circumstances (like one party residing abroad), the court may permit appearance via video conferencing upon specific application.

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