Both of Them Agreed to a Mutual Divorce. Then One Family's Fear of 'What Will People Say' Nearly Cancelled the Whole Thing. We Still Closed It in Just 7 Months.
About the Client
A 29-year-old female entrepreneur running a fashion business, based in DLF Phase 3, Gurgaon. She got married in 2019 through a family-arranged match. Both families had checked everything properly — horoscopes and backgrounds, all matched Everyone assumed the marriage would work very well because both the parties were happy.
But within a year, both she and her husband quietly realised the marriage was not working. It was not because any of them had done something wrong. It was because they wanted different things — different careers, different cities to live in, and a different pace of family life. There were no ugly fights and no dramatic incidents. They were just two sensible people who kept reaching the same honest conclusion every time they talked: this was not the life either of them wanted to keep living together.
What Was the Case
She wanted a quick mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. According to the law of mutual divorce, a couple must have lived separately for at least one year before they apply. Both husband and wife have to go to court together. There are two steps to get a mutual divorce:
- Both parties file the "first motion."
- Then there is a waiting period of six months.
- After six months, they file the "second motion," and only then the court grant the final divorce.
The plan looked simple on paper. But two real problems came up almost right away.
What Made This Case Difficult
Week 1-3 — FIR and Investigation
- First, her husband moved to Bangalore for a new job soon after they agreed to separate. Because of this, it was difficult for both of them to be present in Gurgaon courtroom on the same date. They needed to do this twice, not once — once for the first motion and again for the second motion.
- Second, the husband's parents started pressuring him to take back his consent just a few weeks after the process began. His parents were worried about what relatives, extended family, and society would think about the divorce. For nearly two weeks, it felt like everything could go wrong and the mutual divorce could get cancelled. If that had happened, a amicable case would have suddenly turned into a fought-over one.
- Third, Wife wanted the court to waive the standard six-month waiting period between the two motions.
- Fourth, there was also a joint bank locker, a joint fixed deposit, and her streedhan (personal wedding gifts and jewellery). All of this had to be identified, valued, and settled before filing the case. If not, the case would get stuck on money and property issues instead of closing quickly as planned.
- Fifth, both families lived in different cities, which meant every document, signature, and confirmation had to be coordinated carefully to avoid delays
How SPJ Advocates Handled It
Month 1 — Settling Every Practical Issue First
- Drafted a complete and detailed Memorandum of Understanding (MOU). It covered the return of her streedhan, closing the joint locker and fixed deposit. Both sides agreeing not to ask for maintenance claims later. This way, no financial matter was left unsettled once the petition was filed.
- We coordinated the court dates well in advance. We arranged limited visits so both parties did not have to travel too much between Gurgaon and Bangalore.
Month 2 — Convincing the In-Laws & Families on the Same Page
- When the husband's parents object the divorce decision, our matrimonial counsellor set up a calm meeting with both families together. The counsellor explained that a mutual consent divorce is a respectable and legal process to get separated. It does not bring shame to either family.
- This calm meeting conversation stopped the husband from withdrawing his consent. Both families stayed committed to the terms already agreed upon
Months 3–6 — Filing and the Waiting Period
- Filed the joint first motion petition under Section 13B(1) of the Hindu Marriage Act, with both spouses appearing together and confirming their mutual consent before the Family Court
- Filed a separate application citing the Supreme Court's landmark ruling in Amardeep Singh v. Harveen Kaur (2017), asking the court to waive the usual six-month cooling-off period, since both parties were certain of their decision, had already lived separately well beyond the required period, and had already settled every financial issue between them through the Memorandum of Understanding
- We kept both parties updated during the waiting period. This way, neither of them felt anxious or started having second thoughts about the agreement.
Month 7 — Second Motion and Decree
- Both parties appeared together for the second motion, reconfirmed their consent before the judge, and the Family Court formally recorded the settlement terms exactly as drafted in the Memorandum of Understanding
- Decree of divorce by mutual consent was granted under Section 13B(2) of the Hindu Marriage Act
The Result
The court granted the decree within 7 months of filing. This is faster than the usual time for even normal mutual divorce case. Wife streedhan and joint accounts were settled exactly as agreed. Neither side asked for maintenance from the other. Both were legally free to move on with their lives, without the case dragging into a second year.
A mutual consent divorce can genuinely be closed in months, not years. Call +91-8920245815 to consult your case
