Mutual Divorce in Bangalore
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Mutual divorce is the most peaceful and time-saving way for married couples to legally end their marriage. In Bangalore (Bengaluru), if both husband and wife mutually agree to separate, they can jointly file a mutual consent divorce petition in the Family Court of Bangalore
Under Section 13B of the Hindu Marriage Act, 1955, any Indian couple married for at least one year can apply for divorce by mutual consent.
Our law firm specialize exclusively in mutual divorce cases. We understand how Bangalore’s Family Courts function and guide you through every step—preparing documents, drafting petitions, attending court hearings, and ensuring the entire process remains smooth, confidential, and hassle-free.
Who Can File Mutual Divorce in Bangalore?
A mutual consent divorce can only be filed when both husband and wife willingly agree to end the marriage. Either spouse may take the first step, but both must cooperate through the entire process — from filing the joint petition to appearing before the Bangalore Family Court for final approval.
Eligibility. You can file in Bangalore if at least one spouse is an Indian citizen married under a personal law (Hindu, Special Marriage Act, etc.) and you meet the residency criteria for Bangalore. For jurisdiction, one spouse must have a Bangalore address proof or the marriage must have been solemnized here
Children and Assets. Having children or joint property does not bar you from mutual divorce. You simply need to agree (in writing) on child custody, support, and asset division as part of the settlement. Our lawyers help draft a fair custody and maintenance agreement that the court can approve.
By choosing mutual divorce, you benefit from a faster, less adversarial process. Statistics suggest that the majority of divorces in Bangalore today are by mutual consent, as it minimizes conflict especially when children are involved
7-Step Process of Mutual Divorce in Bangalore Family Courts
Step 1: Apply for Divorce Online | Fee: ₹1,000
One spouse fills out our Mutual Divorce Online Form and pays the ₹1,000 fee. This initiates a confidential email conversation with both parties. We first advise careful reconsideration. If both remain firm, we guide them to discuss mutual settlement terms.
Step 2: Settlement Terms | Documents
Both parties provide the finalized, mutually agreed-upon terms (child custody, maintenance, property division) and all necessary documents (address proof, marriage proof, etc.) via email.
Step 3: Draft Mutual Divorce Petition | Fee: ₹9,000
We finalize your joint mutual divorce petition and all supporting affidavits, ensuring all mutually agreed-upon terms are accurately incorporated and the necessary documents are properly attached. For NRIs, a Special Power of Attorney (SPA) document also needs to be drafted. Bangalore has two family Courts: Bengaluru Urban Court and, Bengaluru Rural Court. The appropriate court for filing your case is determined by the address listed in your documents.
Step 4: First Motion Hearing in Court | Fee: ₹15,000 (₹25,000 for NRIs)
Once the petition is finalized, the husband and wife will need to visit our office to sign it. If one of the parties is outside of Bengaluru, we can mail the petition for signing. After it is signed, we will file your case in the court, and the first motion hearing will then be scheduled. The husband and wife must visit the court. For NRI clients, their SPA must be physically present in court, while the NRI client themselves must appear via video conference.
Step 5: Cooling off Period/Mediation
After the first motion hearing, the husband and wife are required to attend a mediation session at the Nyaya Degula Building. This session is typically scheduled after a six-month waiting period following the first motion. If the couple does not wish to wait for six months, they can file an application for a waiver. If the waiver is granted, the mediation session will be scheduled sooner.
Step 6: Second Motion Hearing in Court | Fee: ₹20,000 (₹25,000 for NRIs)
After the mediation session, the husband and wife are required to attend the final court hearing, where they will reaffirm their mutual consent for the divorce before the judge. This will be their final court appearance, leading to the judge’s approval of the divorce decree. The husband and wife must visit the court. For NRI clients, their SPA must be physically present in court, while the NRI client themselves must appear via video conference.
Step 7: Divorce Decree from Court
Shortly after the second motion hearing, the Bangalore Family Court issues two certified divorce decrees—one for the husband and one for the wife. We promptly mail these to both parties upon receipt from the court. Alternatively, the parties may collect the decrees directly from our office.
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Mutual Divorce Fees
For clients who can attend court proceedings in Bangalore, we charge a fee of ₹45,000, payable in 4 easy parts at each major step:
1st Payment ₹1,000 only
Divorce Application
2nd Payment ₹9,000 only
Divorce Petition
3rd Payment ₹15,000 only
First Motion
Final Payment ₹20,000 only
Second Motion
Mutual Divorce for NRIs and Non-Residents
For NRIs (Non-Resident Indians) and Non-Residents originally from Bangalore, obtaining a mutual consent divorce in India is entirely possible — even if both spouses are living abroad. The Family Courts in Bangalore regularly handle mutual divorce petitions filed by NRI couples through video conferencing or via power of attorney when one spouse cannot be physically present. Under Section 13B of the Hindu Marriage Act, 1955, NRI couples married under Indian law can file their case in Bangalore if their marriage was solemnized here or if either spouse has a permanent address in Bengaluru.
Our law firm, specialized in NRI Mutual Divorce, assist with drafting petitions, notarizing affidavits, coordinating virtual hearings/assisting with sPOA, and ensuring your case complies with both Indian family law and international documentation standards. Whether you’re based in the U.S., U.K., Canada, Germany, or the Middle East, we simplify the entire process so you can complete your mutual divorce in Bangalore without unnecessary travel or procedural stress.
Timeline for Mutual Divorce case in Bangalore Family Courts
The timeline for a mutual divorce case at the Bangalore Family Court can vary based on several factors, including the availability of the couple on court working days, their promptness in completing required tasks, and the court's case backlog. However, a general timeline is provided below:
With six-month waiver
Case can be completed in 1-2 months
Without six-month waiver
Case typically gets completed in 6-7 months
Mutual Divorce in Bangalore
To begin your mutual divorce process in Bangalore, one spouse fills out our Mutual Divorce Online Form and pays the ₹1,000 fee. Once the form is submitted, we initiate a confidential email conversation with husband and wife within 12 hours. We first advise careful reconsideration. If both parties remain firm in their decision, we then guide them through discussing mutual settlement terms of divorce.
While the initial stages can be managed online, the final legal steps require physical presence.
Both spouses must physically sign the mutual divorce petition and are required to appear in person for the court hearings. Bengaluru has two family courts— Bengaluru Urban Court and, Bengaluru Rural Court—and your case will be filed in the one that has jurisdiction based on the address in your documents.
In exceptional circumstances, such as if one or both spouses are NRIs living abroad or have a compelling reason they cannot attend, you can request the court for virtual hearings. However, this is granted solely at the discretion of the judge based on the merits of the situation and is not guaranteed.
Note for NRIs: For clients residing abroad, we have a dedicated process and fee structure for NRI Mutual Divorce to handle the additional complexities. Please contact us directly for details.
Our Bengaluru office is located at:
FAM Legal
839, Lakshmi Narasimha, 5th Main Rd,
Indira Nagar 1st Stage, Indiranagar,
Bengaluru – 560038.
You will need to visit our office once to formally sign the mutual divorce petition and submit your original documents. This is a necessary step to ensure your case is filed correctly with the court. For all other consultations and updates, we are available via phone, email, and WhatsApp for your convenience.
To book an appointment, please visit: https://mutualdivorcelawyer.co.in/consultation/
To establish jurisdiction and file your case in Bengaluru, you must meet one of two criteria:
- Provide a valid Bengaluru address proof in the name of either the husband or wife, or
- Provide proof that your marriage was solemnized in Bengaluru.
A rent agreement is not accepted as valid address proof by the Bengaluru family courts.
To file your case, at least one spouse must have any one of the following documents showing a Bengaluru address (it is not necessary that you currently reside there):
- Aadhaar Card
- Voter ID
- Passport
- Ration Card
- Driving Licence
- Gas Bill
- Electricity Bill
- Bank Passbook
- BSNL Landline Phone Bill
Additionally, you must submit an original marriage proof, which can be:
- Marriage Certificate
- Wedding Invitation Card
- A certificate issued by the religious institution where the marriage was solemnized
Certainly. Once your mutual divorce petition is finalized and filed, the process in Bengaluru Family Courts typically follows these steps:
- First Motion Filing & Hearing: We file the joint petition in the appropriate court (Bengaluru Urban or Rural, based on jurisdiction). The first hearing is then held, where the judge records your statements.
- Mediation Referral: The court typically refers the case to a mediation cell. This is a standard procedure to ensure the decision is mutual and voluntary.
- Final Hearing (Second Motion): After the mediation process is complete, the final hearing is scheduled. If the judge is satisfied that all terms are mutually agreed upon, the divorce is granted.
- Decree Issued: The court issues the mutual divorce decree, legally dissolving the marriage.
For a mutual divorce in Bengaluru, you and your spouse typically need to visit the court at least three times:
- First Motion Hearing: To record your initial joint statement and consent before the judge.
- Mediation/Counseling Session: As directed by the court during the cooling-off period.
- Second Motion Hearing: To reaffirm your mutual consent and obtain the final divorce decree.
Please note: Court schedules can be unpredictable. Occasionally, hearings may be postponed due to judicial leave, administrative delays, or incomplete paperwork, which could require additional visits. We strive to minimize these inconveniences by ensuring all documents are meticulously prepared and filed correctly.
Yes, after the first motion hearing, the husband and wife are required to attend a mediation session at the Nyaya Degula Building. A counselor will attempt to resolve the differences between you. If the counseling is unsuccessful or if a waiver is granted, the case will proceed to the next stage.
The timeline varies. If the court allows a waiver of the 6-month waiting period, the process can be completed in approximately 1 month in Bengaluru Urban Court and 2 months in Bengaluru Rural Court. Without the waiver, it typically takes 6-7 months. Timelines depend on factors like court schedules and your cooperation.
You can complete the mutual divorce process even if you live outside Bengaluru or abroad. Here’s how we facilitate it:
- Signing the Petition: We will courier the mutual divorce petition to your current address. You will need to sign it in the presence of a local notary who can attest your signatures.
- Court Appearances (Hearings):
- Option 1: Virtual Hearing: We can file an application requesting permission for you to appear via video conference. The grant of this request is at the discretion of the judge.
- Option 2: Nominate a Representative: If an online hearing is not granted, you can formally nominate a family member (with a notarized authorization letter) to appear in court on your behalf for the motions.
Note for NRIs: For clients residing abroad, we have a dedicated process and fee structure for NRI Mutual Divorce to handle the additional complexities.
The fee is ₹15,000 higher for NRIs because they typically cannot travel to India for the court proceedings, which necessitates additional legal work. However, if an NRI client is able to travel to India for the required hearings, the additional fee will be waived.