Your Questions About Mutual Divorce in Kolkata, Answered
How do I start a mutual divorce in Kolkata?
The process begins with a joint petition filed under Section 13B of the Hindu Marriage Act, 1955. In Kolkata, this is typically done at the Family Court in B.B.D. Bagh (Fairley Place) or the Alipore Judges Court. You must agree on three pillars: alimony, child custody, and property division. After filing, you will attend the 'First Motion' to record your statements. In 2026, the Kolkata judiciary has streamlined this with better digital scheduling, typically concluding cases in 6 months, or sooner if a waiver is granted. Get started with our online divorce form.
What documents are required for a mutual divorce in Kolkata?
Mandatory documents include your Marriage Certificate (or a notarized wedding invitation), two joint wedding photographs, and individual passport photos. You must also provide government-issued address proof such as an Aadhaar Card or Voter ID. For residents in areas like Salt Lake or Ballygunge, the court also requires proof of one-year separation. If children are involved, a detailed parenting plan or custody agreement is essential to satisfy the judge's scrutiny regarding the child's welfare.
How much does a mutual divorce cost in Kolkata?
Costs in Kolkata usually range from ₹25,000 to ₹80,000 when hiring traditional independent advocates. This accounts for court fees, drafting, and multiple appearance charges. At Mutual Divorce Online, we offer a transparent, fixed fee of ₹40,000 for Kolkata residents. This covers everything from the initial draft to the final decree at Fairley Place, payable in four easy installments of ₹10,000, ensuring no financial surprises during an emotional time.
Can I skip the 6-month cooling-off period in Kolkata?
Yes. Following the Amardeep Singh v. Harveen Kaur precedent, the Calcutta High Court allows for a waiver of the six-month waiting period. To qualify, you must show that you have lived separately for significantly longer than a year and that all efforts at reconciliation have failed. Our lawyers specialize in drafting these waiver applications to help Kolkata couples—especially busy professionals in Sector V—conclude their legal proceedings in as little as 2 months.
How is child custody handled in Kolkata Family Courts?
Kolkata judges prioritize the welfare of the minor above all else. You can opt for Joint Custody, where both parents share decision-making, or Sole Custody with specific visitation rights (often at neutral venues like the court's mediation center). In 2026, we help you draft comprehensive agreements that cover education, healthcare, and vacation schedules, ensuring your plan is approved without delays. Learn more about our child custody services.
What if my spouse is an NRI or lives in another city?
You can still file in Kolkata if your marriage was solemnized here or if one spouse currently resides in the city, such as Tollygunge or New Town. The Kolkata Family Court now supports Video Conferencing (VC) for NRI spouses, allowing them to record their statements remotely without flying back to India. This is a seamless process we manage regularly for our international clients. See our NRI Divorce guide for details.
How is property divided in a Kolkata mutual divorce?
Property division—whether it is an ancestral home in North Kolkata or a modern flat in Rajarhat—is entirely based on your mutual agreement. There is no automatic 50/50 split in Indian law; instead, it is based on ownership, contribution, and mutual settlement. We ensure your Memorandum of Understanding (MOU) is legally watertight so that transfer of titles or Relinquishment Deeds are handled correctly at the local registry office.