How to Get a Mutual Divorce in Jaipur – A Complete Legal Guide

Ending a marriage is never easy—but when both partners agree to part ways peacefully, mutual divorce offers a dignified and efficient solution. If you’re living in Jaipur and considering a mutual consent divorce, this guide will walk you through the process, documents, legal timelines, and frequently asked questions.

What Is Mutual Consent Divorce?

A mutual divorce, governed by Section 13B of the Hindu Marriage Act, 1955, allows both spouses to jointly file for divorce, asserting that they’ve lived separately for at least a year and cannot continue the marriage.

Eligibility Criteria for Mutual Divorce in Jaipur

• Must be legally married under Hindu, Special, or applicable personal laws.

• Must have lived separately for minimum one year.

• Both parties must agree to end the marriage.

• Issues like alimony, child custody, and asset division should be settled mutually.

Step-by-Step Process to File for Mutual Divorce

1. Hire a Family Lawyer

• Choose an experienced divorce lawyer in Jaipur who can guide you through paperwork and court procedures.

2. Prepare and File the First Motion

• Prepare the joint petition with mutual consent.

• Attach:

  • Marriage certificate

  • Proof of separation

  • ID/address proofs

  • Passport-sized photos

  • Settlement agreement (if any)

3. First Motion Hearing

• Both parties appear before the Family Court in Jaipur.

• Statements recorded and six-month cooling-off period begins (may be waived).

4. Second Motion Petition

• After the cooling-off period, file the second motion.

• If the court is satisfied that both parties still agree, it proceeds to final judgment.

5. Final Divorce Decree

• The court grants divorce legally and the marriage is dissolved.

Where to File for Mutual Divorce in Jaipur?

Mutual divorce petitions in Jaipur can be filed at:

• Family Court, Jaipur Metropolitan

• Court where the marriage was registered or last residence shared

• Court within the jurisdiction of the wife’s current residence

FAQs – Mutual Divorce in Jaipur

Q1. How long does a mutual divorce take in Jaipur?

Answer: Typically 6–12 months. In some fast-track cases, courts have granted mutual divorce within 10–30 days (if cooling-off period is waived).

Q2. Can the 6-month cooling-off period be waived?

Answer: Yes. If both parties submit an application stating reconciliation is not possible, and the court is satisfied, it can waive this period.

Q3. Is personal appearance necessary?

Answer: Generally yes, but NRIs or distant residents may use video conferencing or power of attorney, as allowed by Rajasthan High Court.

Q4. Can we file a mutual divorce if married under a different religion?

Answer: Yes. You can file under the Special Marriage Act or respective personal law provisions, depending on your religious background.

Q5. Do we need separate lawyers?

Answer: Not necessarily. Since it’s a mutual divorce, one lawyer can represent both parties if there's no conflict of interest.