23/12/2025
DISCLAIMER :- The content shared in this video is for informational and educational purposes only and should not be considered as final advice. Viewers are advised to do their own research, at own risk and consult with a legal expert before making any decisions.
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Key Eligibility Requirements
Separation: The couple must have been living separately for at least one year before filing the petition. "Living separately" means not living as husband and wife, which can occur even under the same roof.
Irreconcilable Differences: Both parties must agree that they can no longer live together and that the marriage has irretrievably broken down.
Agreement on Terms: Spouses must reach a final settlement on three core issues before filing:
Alimony/Maintenance: Whether any financial support will be paid.
Child Custody: Visitation rights and who will have physical custody.
Property Division: How shared assets, jewelry (streedhan), and properties will be split.
Step-by-Step Legal Process
Filing the Joint Petition (First Motion): Both spouses file a joint petition in the Family Court.
First Motion Hearing: The court records the statements of both parties and verifies that the consent is voluntary.
Cooling-Off Period: A mandatory six-month waiting period is usually required for reconsideration.
Note: As of 2017, the Supreme Court ruled that this six-month period is discretionary and can be waived by the court in cases of extreme hardship.
Second Motion Hearing: After the waiting period (but before 18 months), both parties appear again to confirm their intent to divorce.
Final Decree: If satisfied, the judge grants the divorce decree, legally dissolving the marriage.
Timeline and Cost
Timeline: Typically takes 6 to 18 months, depending on whether the cooling-off period is waived.
