Mutual Consent Divorce under Hindu Marriage Act in Gurgaon
Mutual Consent Divorce under the Hindu Marriage Act, 1955 (Section 13B) is the most peaceful and
legally efficient way for spouses to end their marriage when both agree to separate without disputes.
If both husband and wife agree on divorce, alimony, child custody, and property settlement, the Family Court
in Gurgaon (Gurugram) can grant divorce after following the legal procedure under Section 13B.
What Is Mutual Consent Divorce (Section 13B HMA)?
Under Section 13B of the Hindu Marriage Act, divorce can be granted when:
- Both parties have been living separately for at least one year
- They have mutually agreed that marriage cannot continue
- There is settlement on maintenance, custody, and other issues
Procedure of Mutual Consent Divorce in Gurgaon
How Much Time Does Mutual Consent Divorce Take?
Normally, there is a 6-month cooling-off period between first and second motion. However,
courts can waive this period if settlement is complete and reconciliation is not possible.
With waiver, divorce may be completed in 1–2 months. Without waiver, it usually takes
around 6–8 months.
Documents Required
- Marriage certificate
- Address proof of both parties
- Photographs of marriage
- Settlement agreement (if any)
- Details of child custody / alimony if applicable
Why Legal Assistance Is Important
Even though divorce is mutual, incorrect drafting or incomplete settlement can later create legal problems.
A lawyer ensures:
- Proper settlement drafting
- Waiver application if eligible
- Correct court procedure
- Protection of future legal rights
Hence settlement must be legally sound and final.
Get confidential guidance on procedure, waiver of cooling period, and settlement drafting.
Advocate Sunita Tiwari
Family Court & Matrimonial Matters • Gurugram
Share marriage date, separation period, and settlement status to get correct guidance.