How long does divorce by mutual consent take in India?

Under Section 13B of the Hindu Marriage Act, 1955 the parties file a joint petition, and a second motion is ordinarily moved after a statutory interval of six months and within eighteen months. The Supreme Court has held that this waiting period is directory rather than mandatory and may be waived where the separation is long-standing, all issues are settled and reconciliation is not possible. Actual timelines therefore vary considerably by court and by facts.

How do Indian courts decide child custody?

The governing principle is the welfare of the child, which overrides the claims of either parent and any agreement between them. Courts consider the age and needs of the child, the capacity of each parent, continuity of schooling and environment, the child’s own preference where the child is of sufficient maturity, and the conduct of the parties. Custody, guardianship and visitation are distinct concepts and are often ordered in combination.

Can maintenance be claimed before the case is decided?

Yes. Interim maintenance and litigation expenses can generally be sought at an early stage — for example under Section 24 of the Hindu Marriage Act, 1955, under maintenance provisions of criminal procedure legislation, or under the Protection of Women from Domestic Violence Act, 2005. Awards are based on the income and reasonable needs of the parties, and courts expect candid financial disclosure from both sides.

Legal consultation

Family & Matrimonial Law Consultation in India

Family legal consultation covers marriage, separation, children, maintenance and succession. In India these are governed by personal laws such as the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and applicable religious personal law, together with the Protection of Women from Domestic Violence Act, 2005 and the Guardians and Wards Act, 1890. A consultation typically addresses grounds and procedure for divorce, maintenance, custody and access, and the division of family property.

Start a consultation All practice areas

Key takeaways

Which statute applies depends on the religion of the parties and the form of the marriage.
Divorce by mutual consent generally involves a statutory cooling-off period, which courts can waive in appropriate cases.
Custody decisions are governed by the welfare of the child rather than the preference of either parent.
Interim maintenance can usually be sought at an early stage rather than only at final hearing.

What we can help with

Matters commonly handled in family & matrimonial law.

Divorce — contested and by mutual consent
Judicial separation and restitution proceedings
Maintenance and interim maintenance
Child custody, guardianship and visitation
Domestic violence proceedings and protection orders
Settlement agreements and mediation
Wills, succession and inheritance
Partition and family arrangement
Adoption and guardianship
Pre-nuptial and post-nuptial arrangements

When should you consult a lawyer?

Before filing or responding to a matrimonial petition
When separation is being negotiated and terms need documenting
When there is a risk to personal safety or to a child
When maintenance is not being paid
Before signing a settlement or consent terms
When planning succession or preparing a will

What information should you prepare?

A consultation is far more productive when these are settled in advance.

Date and place of marriage, and details of registration
Details of children, including ages and current residence
Income and asset position of both parties, broadly
The outcome you want on each issue separately
Any existing proceedings between the parties

What documents should you bring?

Marriage certificate and proof of marriage
Identity and address proof
Income proof, salary slips and tax returns
Birth certificates of children
Existing petitions, orders or settlement drafts
Property documents relevant to the claim

Governing law

The primary Indian legislation that applies in this area.

Hindu Marriage Act, 1955
Special Marriage Act, 1954
Protection of Women from Domestic Violence Act, 2005
Guardians and Wards Act, 1890
Indian Succession Act, 1925 and applicable personal law

How Sutor works

1Describe your matter in plain language
2Upload the documents that relate to it
3Research the applicable Indian law and authorities
4Get legal guidance on the position and your options
5Continue working on the matter in one place

Frequently asked questions

How long does divorce by mutual consent take in India?: Under Section 13B of the Hindu Marriage Act, 1955 the parties file a joint petition, and a second motion is ordinarily moved after a statutory interval of six months and within eighteen months. The Supreme Court has held that this waiting period is directory rather than mandatory and may be waived where the separation is long-standing, all issues are settled and reconciliation is not possible. Actual timelines therefore vary considerably by court and by facts.
How do Indian courts decide child custody?: The governing principle is the welfare of the child, which overrides the claims of either parent and any agreement between them. Courts consider the age and needs of the child, the capacity of each parent, continuity of schooling and environment, the child’s own preference where the child is of sufficient maturity, and the conduct of the parties. Custody, guardianship and visitation are distinct concepts and are often ordered in combination.
Can maintenance be claimed before the case is decided?: Yes. Interim maintenance and litigation expenses can generally be sought at an early stage — for example under Section 24 of the Hindu Marriage Act, 1955, under maintenance provisions of criminal procedure legislation, or under the Protection of Women from Domestic Violence Act, 2005. Awards are based on the income and reasonable needs of the parties, and courts expect candid financial disclosure from both sides.

Sources & editorial information

Jurisdiction: India
Last reviewed: 17 September 2026
Legal status: Current

Primary sources

Hindu Marriage Act, 1955
Special Marriage Act, 1954
Protection of Women from Domestic Violence Act, 2005
Guardians and Wards Act, 1890
Indian Succession Act, 1925 and applicable personal law

This page is general legal information about Indian law, prepared against identified legal sources. It is not legal advice and does not create a lawyer–client relationship. Apply it to your own facts only after a consultation with a qualified legal professional.

Need help with a family & matrimonial law matter?

Describe the matter, upload the relevant documents and work through the position with legal assistance.

Start a consultation Browse legal questions