Step-by-Step Guide to Filing Mutual Consent Divorce in Pune Family Court (Shivaji Nagar Court)

Step-by-step guide to filing mutual consent divorce in Pune Family Court, Shivaji Nagar. Contact Nirdita & Co., led by Advocate Mr. B. Choudhury for expert legal help. Call +91 8851978611 or email Nirdita.law@gmail.com.

Step-by-Step Guide to Filing Mutual Consent Divorce in Pune Family Court (Shivaji Nagar Court)

Get expert assistance from Nirdita & Co., led by Advocate Mr. B. Choudhury. Call: +91 8851978611 | Email | WhatsApp Chat

What is Mutual Consent Divorce?

Mutual Consent Divorce is a peaceful and time-efficient legal process where both spouses agree to part ways. It is governed by:

Section 13B of the Hindu Marriage Act, 1955 (for Hindus)
Section 28 of the Special Marriage Act, 1954 (for interfaith or registered marriages)

Step-by-Step Procedure in Shivaji Nagar Family Court, Pune

Step 1: Consultation with a Family Lawyer

Speak with an experienced lawyer to understand your rights, maintenance, custody, and alimony.

Step 2: Drafting the Mutual Consent Petition

The petition includes marriage details, separation period, and terms agreed by both parties.

Step 3: Filing in Pune Family Court

The petition is filed in the Family Court at Shivaji Nagar, Pune, and a hearing date is assigned.

Step 4: First Motion Hearing

Both spouses appear before the judge to confirm mutual consent.

Step 5: Six-Month Cooling-Off Period

A waiting period of six months is observed unless waived by the court.

Step 6: Second Motion & Final Hearing

After the cooling-off period, the couple appears again. If all is in order, the judge grants the final decree.

Documents Required

Marriage Certificate
Address proof of both spouses
Passport-size photographs
Income and asset details (if applicable)
Proof of separation (agreements or statements)

Important Judgments Passed by Shivaji Nagar District Court:

Divorce by Mutual Consent
- Case Summary: A couple approaches the court under Section 13B of the Hindu Marriage Act, 1955, seeking divorce due to irreconcilable differences. After a mandatory six-month cooling-off period (unless waived by the court), the court verifies mutual consent and dissolves the marriage.
- Significance: These cases emphasize the court’s role in ensuring both parties agree without coercion. Pune’s court might handle thousands of such cases yearly, streamlining amicable separations.
- Example: In 2023, a Pune couple, married for five years, filed for mutual divorce citing lifestyle differences. The court granted it after confirming no disputes over property or custody, setting a precedent for efficient handling of uncontested cases.
Maintenance under Section 125 of CrPC:
- Case Summary: A wife or minor child seeks maintenance from the husband/father, claiming financial neglect. The court assesses the husband’s income, the claimant’s needs, and awards a monthly sum.
- Significance: Such judgments reinforce the legal duty to support dependents, often balancing gender equity with financial fairness.
- In 2022, a Pune Family Court ordered a software engineer to pay ₹50,000 monthly to his estranged wife and child, factoring in his high income and their living standards, highlighting the court’s focus on equitable support.
Child Custody Disputes
- Case Summary: Post-divorce, parents contest custody of a minor. The court prioritizes the child’s welfare, often granting joint custody or primary custody to one parent with visitation rights for the other.
- Significance: These rulings shape family dynamics, aiming to protect children’s emotional and physical well-being.
- In 2024, the court awarded joint custody of a 10-year-old to both parents, with weekdays at the mother’s and weekends at the father’s, ensuring stability for the child while respecting both parents’ bonds.
Domestic Violence Cases under the Protection of Women from Domestic Violence Act, 2005
- Case Summary: A woman seeks protection, residence, or compensation alleging abuse. The court issues restraining orders, grants residence rights, or orders monetary relief after hearing both sides.
- Significance: These judgments empower victims while navigating complex family dynamics, often setting standards for safety and accountability.
- In 2021, the court issued a protection order against a husband accused of verbal and physical abuse, allowing the wife to stay in the shared home, reflecting the court’s commitment to victim safety.

Timeline and Legal Fees

Duration: 6–8 months (can be shorter with waiver)

Legal Fees: Contact Nirdita & Co. for a detailed consultation and transparent fee structure.

Why Choose Nirdita & Co.?

Advocate Mr. B. Choudhury heads Nirdita & Co., a well-known law firm in Pune with extensive experience in family law, divorce, and matrimonial cases.

Court of Practice:

Supreme Court of India
Bombay High Court
Shivaji Nagar District & Family Court, Pune

Contact Top Divorce Lawyer in Pune

Law Office: Nirdita & Co.

Advocate: Mr. B. Choudhury

Phone: +91 8851978611

WhatsApp: Click here to chat

Email: Nirdita.law@gmail.com

Frequently Asked Questions

Can the six-month waiting period be waived?

Yes, the Pune Family Court may waive it in case of long separation or if reconciliation is not possible.

Is personal appearance required?

Yes, both spouses must appear unless granted exemption for valid reasons.

What if one party withdraws consent?

The divorce cannot proceed under mutual consent. A contested divorce may be filed instead.