Can you get a mutual divorce in 3 months in Bengaluru?

Sometimes, yes. Usually, it takes longer. The answer depends on two things: whether the court agrees to waive the six-month waiting period, and how quickly the family court in your case gives dates.

Here is how a mutual consent divorce actually moves in Bengaluru, and where the time goes.

The basic rule

For Hindu marriages, a mutual divorce is filed under Section 13B of the Hindu Marriage Act. (Marriages under the Special Marriage Act use Section 28, which works the same way. Christian marriages fall under Section 10A of the Divorce Act, which needs two years of separation instead of one.)

To file, both of you must:

• have lived separately for at least one year
• agree that the marriage cannot continue
• agree to the divorce freely, without pressure

Living separately does not always mean different houses. Couples who share a roof but have no married life together have been treated as living separately. It depends on the facts.

The two motions

The process has two stages.

First motion. You both file a joint petition in the family court and appear before the judge. The court records your statements. Then the law says the court must wait six months before the second motion.

Second motion. After six months, and within eighteen months of filing, you both appear again and confirm you still want the divorce. If nothing has changed, the court grants the decree.

So the standard timeline is at least six months, plus however long the court takes to give you the first and second dates.

On motion dates, expect to wait. Bring a book, and bring both copies of the settlement terms.

When the six months can be waived

In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month gap is not compulsory. A family court can waive it if:

• you have already lived apart for more than a year and a half before filing, counting the one-year separation
• mediation or conciliation has been tried and has failed
• you have settled everything: alimony, custody of children, return of belongings, other cases
• waiting will only drag out the pain

The application for waiver can be made a week after the first motion. If the court agrees, the second motion can be heard soon after. This is the route by which some couples finish in about two to three months.

Separately, in Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court said it can itself dissolve a marriage under Article 142 of the Constitution. That power belongs only to the Supreme Court. It is not something a Bengaluru family court can use.

What slows a mutual divorce down

• The settlement is not really settled. If alimony or custody is still being negotiated, the case waits.
• One spouse misses a date. Both must appear on both motions.
• Mediation is sent back. The court may send you to the mediation centre first.
• Court workload. Family courts in Bengaluru are busy. Gaps between dates vary by court.
• One spouse changes their mind before the second motion. Consent has to exist until the end.

What goes into the settlement

Write it down in detail, and make it part of the petition:

• one-time permanent alimony, and when and how it will be paid
• stridhan, jewellery and household articles
• custody of children, the visiting schedule, holidays, and who pays for school
• withdrawal of any other cases, such as maintenance or domestic violence petitions
• what happens to a jointly owned flat or a joint loan

A clear settlement is the single biggest reason a mutual divorce finishes on time.

What it costs

There are three parts: the court fee, which is small for a family court petition; the cost of notarising and preparing documents; and the advocate’s fee. A mutual divorce costs far less than a contested one because there are only a few hearings and no trial. Our article on divorce lawyer fees in Bangalore explains how lawyers usually charge.

Questions people ask

Can I get a divorce in 3 months in Bangalore?

It is possible in a mutual consent case if the court waives the six-month waiting period, which it may do when you have lived apart long enough, mediation has failed and all issues are settled. Without a waiver, expect at least six to seven months.

Do we both have to appear in court?

Yes, on both the first and second motion. Courts have allowed appearance by video in some cases, for example when one spouse lives abroad. Ask your lawyer whether the court hearing your case allows it.

What if my spouse withdraws consent before the second motion?

Then the mutual divorce cannot go through. You can still file a contested divorce if a legal ground exists.

Can we file in Bengaluru if we married in another city?

Yes, if you last lived together in Bengaluru, or in some cases if the wife now lives here. The family court where you last lived together is the usual choice.

This article is general information about the law as it stood when it was written. Your facts change the answer. Speak to an advocate before you act on it.