When both spouses agree to separate, Section 13B of the Hindu Marriage Act provides a streamlined path to divorce at Lucknow Family Court. With the right preparation, the process takes 6 to 18 months — far shorter than a contested divorce.
To file for mutual consent divorce under Section 13B, two conditions must be satisfied before approaching Lucknow Family Court.
The spouses must have been living separately for at least one year immediately before filing the petition. "Separately" means not cohabiting as husband and wife — even living in the same house in different rooms may qualify if there is no marital relationship.
Both parties must genuinely consent to the divorce and have settled all ancillary matters — maintenance/alimony, return of stridhan, and child custody/visitation if applicable. The consent must subsist at the time of the second motion.
Both spouses file a joint petition at Lucknow Family Court along with the settlement deed. The court records statements of both parties and admits the petition.
Under Section 13B(2), there is a statutory 6-month gap before the second motion. You can apply for waiver if you have been separated for 18+ months and no reconciliation is possible.
Both parties appear again and reaffirm their consent. The court is satisfied that the consent is free and genuine. The decree of divorce is then passed.
Having all documents ready before filing avoids delays at Lucknow Family Court.
| Document | Purpose | Who Provides |
|---|---|---|
| Marriage Certificate | Proves the marriage — from temple/church/registrar | Both parties |
| Aadhaar / Passport | Identity and current address proof | Both parties |
| Separation Evidence | Rental agreement, utility bills showing separate address | Both parties |
| Settlement Deed | Alimony, stridhan, custody terms — signed by both | Drafted by advocate |
| Passport-size Photos | For court records and petition | Both parties |
| Child's Birth Certificate | Required if custody arrangements are part of decree | If applicable |
Understanding why mutual consent divorce is usually the better choice when both spouses agree to separate.
| Factor | Mutual Consent | Contested |
|---|---|---|
| Time to Decree | 6–18 months | 5–10 years |
| Legal Costs | Moderate — fewer hearings | High — full trial |
| Emotional Toll | Lower — cooperative process | High — adversarial |
| Privacy | Terms kept confidential in deed | Allegations aired in court |
| Certainty | High — parties control outcome | Low — depends on judge |
The settlement deed is the heart of a mutual consent divorce. Every contested point must be resolved before filing — gaps in the deed lead to disputes at the second motion stage. Consult an experienced family lawyer in Lucknow to draft a watertight deed.
What to expect from filing to final decree — without delays. Contact us to understand your specific situation.
Documents gathered, settlement deed drafted and signed, petition filed
Court admits the petition, first motion hearing — both parties appear, statements recorded
6-month cooling period (or waiver application filed and heard at HC)
Second motion filed, both parties reaffirm consent
Decree of divorce passed — certified copy available within 1–2 weeks
Common questions about mutual consent divorce at Lucknow Family Court
Typically 6 to 18 months. After filing the first motion petition, there is a mandatory 6-month cooling period before the second motion can be filed. However, under the Supreme Court ruling in Amardeep Singh v Harveen Kaur (2017), the Allahabad High Court can waive this 6-month period if both parties have been living separately for 18+ months and there is no possibility of reconciliation. In practice, contested paperwork and court scheduling can extend the timeline.
Yes. The Supreme Court in Amardeep Singh v Harveen Kaur (2017) held that the 6-month waiting period under Section 13B(2) Hindu Marriage Act is directory, not mandatory. The High Court or Family Court can waive it if: (a) both parties have been living separately for at least 18 months, (b) there is no chance of reconciliation, and (c) all terms (alimony, custody, property) are settled. An application for waiver must be filed at the time of the second motion.
You need: (1) Original marriage certificate, (2) Address proof of both spouses (Aadhaar/passport), (3) Passport-size photographs, (4) Evidence of 1 year separation (separate rental agreements, utility bills, affidavits), (5) Signed settlement deed covering alimony, stridhan return, and child custody if applicable, (6) If any previous court proceedings — copies of those orders. Both parties must personally appear at the Family Court for both the first and second motions.
Yes — mutual consent means both spouses genuinely agree on: (a) the divorce itself, (b) maintenance/alimony amount, (c) return of stridhan and dowry articles, and (d) child custody and visitation if there are children. If there is any dispute on any of these points, the divorce will either be converted to a contested divorce or the petition will be dismissed. A good settlement deed drafted before filing prevents last-minute complications.
The terms are entirely negotiated by the parties and captured in the settlement deed, which is submitted to the court. There is no fixed formula — the amount depends on the husband's income, wife's needs, duration of marriage, and standard of living. Child custody arrangements (physical custody, visitation schedule, education expenses) are also agreed upon in the deed. The court reviews these terms and, if satisfied they are fair, passes the decree of divorce.
Expert guidance on settlement deed, cooling period waiver, and fastest path to decree at Lucknow Family Court. Call now for a confidential consultation.
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