Mutual Divorce:

Faster (6–18 months), less stressful, and requires the consent of both spouses.

Contested Divorce:

Longer process (3–5+ years), required where disputes exist or one spouse refuses divorce.

Note: Timeline depends on court workload, case complexity, and facts of each case.

Introduction

Divorce is never an easy decision. When a marriage breaks down, couples often struggle to understand whether to file mutual divorce or contested divorce and how long the legal process may take.

If you are considering separation or facing matrimonial disputes, consulting an experienced divorce lawyer in Kolkata or family lawyer in Kolkata may help you understand the correct divorce procedure in India and protect your legal rights.

Every matrimonial dispute involves emotional and legal complexities. Proper legal guidance helps individuals understand their rights, legal remedies, and procedural requirements under Indian matrimonial law.

Professional Insight:
> Based on professional experience handling matrimonial disputes before Family Courts at Kolkata, many clients approach with confusion regarding the choice between mutual and contested divorce.

Divorce Laws Applicable in India

Divorce in India is governed by different personal and civil laws depending on the nature of marriage.

Hindu Marriage Act, 1955 — Applies to Hindus, Buddhists, Jains, and Sikhs.
Special Marriage Act, 1954— Applies to civil marriages and interfaith marriages registered under the Act.

The procedure and timeline for divorce under both laws are broadly similar, though the applicable statutory provisions differ.

What Is Mutual Divorce?

Mutual divorce is filed when both spouses agree to dissolve the marriage peacefully and settle issues such as maintenance, child custody, and property division.

Legal Provisions for Mutual Divorce

Section 13B — Hindu Marriage Act, 1955 (Divorce by Mutual Consent)
Section 28 — Special Marriage Act, 1954 (Divorce by Mutual Consent) for civil or interfaith marriages.

Procedure for Mutual Divorce

1. Joint petition filing by both spouses
2. First motion statements before the court
3. Cooling-off period (may be waived in appropriate cases)
4. Second motion confirmation
5. Final divorce decree

Courts may waive the cooling-off period where settlement issues are resolved, and reconciliation is not possible, as clarified by the Supreme Court in Amardeep Singh v. Harveen Kaur.

Time Required

Minimum: 6 months
Average: 6–18 months

‣ Faster, cost-effective, and less adversarial.

Common Grounds for Contested Divorce

• Cruelty (mental or physical)
• Desertion (minimum 2 years)
• Adultery
• Conversion to another religion
• Mental disorder
• Certain statutory grounds recognized under the law
• Renunciation of the world
• Presumption of death
• Irretrievable breakdown of marriage (argued in appropriate cases)

Procedure for Contested Divorce

1. Petition filing
2. Court notice to respondent
3. Evidence and cross-examination
4. Final arguments
5. Judgment

Time Required

●Usually 3–5+ years depending on disputes, evidence, and court proceedings.

‣ Full litigation process involving trial.

Mutual Divorce vs Contested Divorce — Key Differences

When Should You Choose Mutual Divorce?

●Both spouses agree to separation
● Settlement on maintenance and custody possible
● Faster resolution preferred
● Reduced litigation and conflict desired

Documents Required for Divorce Filing

●Marriage certificate
● Identity and address proof
● Income documents
● Evidence supporting claims
● Photographs of parties
● Settlement agreement (in mutual divorce cases)

Jurisdiction — Which Court Can Hear Divorce Cases?

A divorce petition may generally be filed before the Family Court where:

● Marriage was solemnized, or
● Parties last resided together, or
● Respondent resides, or
● Wife resides (important practical provision).

Common Mistakes People Make

 ✖ Filing incorrect petition
✖ Ignoring custody or maintenance issues
✖ Incomplete documentation
✖ Proceeding without proper legal guidance

Frequently Asked Questions (FAQs)

1.Can mutual divorce be withdrawn after filing?

Yes. Either spouse may withdraw consent at any stage before the final decree. Mutual consent must continue throughout the process.

2. Is the six-month cooling-off period mandatory?

Not always. Courts may waive it where settlement issues are resolved and reconciliation is unlikely.

3. What happens if one spouse withdraws consent?

The mutual divorce petition cannot proceed. The other spouse may pursue contested divorce on available legal grounds.

4. Can maintenance or alimony be claimed in mutual divorce?

Yes. Parties may mutually decide maintenance or permanent alimony and place settlement terms before the court.

5. Who gets child custody after divorce?

Custody is decided based on the welfare and best interests of the child.

6. How long does a contested divorce take in India?

A contested divorce may take several years depending on complexity of issues, evidence, and court proceedings.

7. Is personal appearance required in divorce proceedings?

Personal appearance is generally required during important stages, though courts may grant exemptions in appropriate cases.

8. How much does a divorce case cost in India?

The cost depends on case complexity, duration of litigation, and nature of proceedings. Mutual divorce is generally less expensive than contested divorce.

9. How is property divided after divorce?

Property division depends on ownership, financial contribution, and settlement terms or court determination. It is not automatically divided.

Consultation Process

Individuals seeking legal guidance regarding divorce or matrimonial disputes may schedule consultation as per convenience.

Consultation includes:

✔ Case assessment
✔ Legal options discussion
✔ Procedure and timeline explanation
✔ Documentation guidance
✔ Confidential interaction

Consultation may be conducted at the chamber or through online meeting. All discussions remain strictly confidential.

Disclaimer

his article is for general informational purposes only and does not constitute legal advice.
This publication is issued in compliance with applicable professional standards and relates to Indian matrimonial law.

Need Legal Guidance for Divorce Matters?

If you are facing matrimonial disputes or considering divorce, professional legal advice can help you understand your rights and available options.

Early consultation often prevents delays, reduces conflict, and ensures proper legal protection.