Mutual Consent Divorce (Sec 13B)
Drafting First & Second Motion petitions under Section 13B Hindu Marriage Act and Section 28 Special Marriage Act. Assistance with cooling-off period waiver applications before Family Courts.
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Frequently Asked Questions
Divorce Laws in India — Essential FAQs
Clear answers to common legal questions regarding mutual consent, child custody, alimony, and court procedures.
How does mutual consent divorce work in India under Section 13B? ↓
Under Section 13B of the Hindu Marriage Act, 1955 (and Section 28 of the Special Marriage Act, 1954), both spouses can jointly file for divorce if they have lived separately for at least one year and mutually agree that the marriage should be dissolved.
The process consists of: (1) Filing the First Motion petition along with settlement terms regarding alimony and custody; (2) A statutory 6-month cooling period (which the Supreme Court allows to be waived under certain circumstances); and (3) Filing the Second Motion for the final decree.
How is alimony and child maintenance calculated by Indian courts? ↓
There is no rigid statutory mathematical formula in India, but courts generally benchmark maintenance at 20% to 25% of the earning spouse's net income. Factors considered include: the duration of the marriage, age, health, earning capacity, existing liabilities, and maintaining a lifestyle comparable to the matrimonial home for the spouse and children.
Who gets child custody in a divorce case in India? ↓
Under Indian jurisprudence (including the Guardians and Wards Act), the primary doctrine is the welfare of the minor child. While custody of children below the age of 5 is customarily granted to the mother, both parents are entitled to natural guardianship. Courts encourage joint legal custody and structured visitation rights for the non-custodial parent.
Can NRIs file for divorce in India without physical court appearance? ↓
Yes. Non-Resident Indians can appoint a Special Power of Attorney (SPA) representative (such as a close family member or legal counsel) duly consularized by the Indian Embassy/Consulate. Many Indian Family Courts now record evidence and statements through secure video conferencing platforms.
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