The procedure for mutual consent divorce in Kolkata is designed to be more streamlined than a contested case, provided both spouses genuinely agree on ending the marriage and on the terms of separation, including maintenance, custody, and division of assets where relevant. Under Section 13B of the Hindu Marriage Act (or the corresponding provision under the Special Marriage Act for inter-faith or civil marriages), both parties must jointly file a petition stating that they have been living separately for at least one year, that they have not been able to live together, and that they have mutually agreed the marriage should be dissolved.

The process begins with your lawyer drafting a joint petition along with a detailed settlement or memorandum of understanding covering key issues such as alimony, return of streedhan, custody and visitation arrangements for children if any, and division of jointly owned property. Both spouses then appear before the Kolkata Family Court to record their statements confirming the mutual consent petition, which constitutes the first motion in the process, and the court records this and grants time for a mandatory cooling-off period.

After the statutory waiting period — traditionally six months, though this can be reduced or waived in appropriate circumstances — both spouses must appear again for the second motion, reaffirming that they continue to consent to the divorce and have not reconciled during this period. If the court is satisfied that the consent remains genuine and voluntary at this second stage, it passes the decree of divorce, formally and legally dissolving the marriage.

It is essential that both parties are certain about their decision before filing, since either spouse retains the right to withdraw consent at any point before the decree is passed, which can significantly delay or derail the process if not handled carefully. A well-drafted settlement agreement addressing all financial and custody matters in advance considerably reduces the chances of disputes arising during this waiting period.

For guidance on drafting a comprehensive settlement and navigating the mutual consent process smoothly, you can reach out via Aapka Legal Advice, where a panel of retired judges is available to review your settlement terms for fairness and enforceability. Engaging the Top Divorce Lawyers in Kolkata | Aapka Legal Advice ensures both motions are filed correctly and the process moves forward without avoidable delays. In conclusion, mutual consent divorce in Kolkata is a cooperative, relatively efficient legal process, but it requires careful documentation and genuine agreement between both spouses at every stage to succeed smoothly.