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Family Law

Mutual consent divorce in Maharashtra: an overview

How joint petitions under Section 13B of the Hindu Marriage Act typically work in Family Courts—information only, not legal advice.

5 November 20265 minute readAdv. Sandeep Waghmare-Kumbhar

When mutual consent applies

Spouses who agree to dissolve marriage may file a joint petition under Section 13B of the Hindu Marriage Act, 1955 (and parallel provisions under other personal laws where applicable).

The petition states that parties have lived separately and have mutually agreed to end the marriage. Settlement on alimony, child custody, and property may be recorded in a memorandum of understanding.

Typical court stages

Family Courts in Maharashtra generally list the petition for admission, recording of statements, and a statutory waiting period before a second motion or final decree stage, depending on court practice and amendments in force.

Delays often relate to incomplete pleadings, missing marriage certificates, or pending interim applications on maintenance or custody.

Documents counsel usually requests

Marriage certificate or proof of marriage, address proof, passport photographs, settlement terms, and details of any minor children. Foreign marriages may need additional verification.

This article is not legal advice

Each marriage and forum has different facts, and the time a petition takes depends on the court's list. This page is general information only.

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