Guwahati Family Court – Mutual Consent Divorce, Kamrup (Metropolitan)

Guwahati has multiple Family Courts operating under Kamrup (Metropolitan) District, located in the Ulubari area on B.K. Kakoti Road. Appeals from these courts go to the Gauhati High Court — which also sits in Guwahati and has jurisdiction over Assam, Nagaland, Mizoram, and Arunachal Pradesh. This page covers which court handles your case, the Kamrup Rural boundary, how the process works, and how cases with a spouse posted elsewhere are handled. To begin, fill in our Divorce Application Form and we will take it forward.

Jurisdiction

Mutual consent divorce petitions are filed here where the couple last resided together, where the marriage was solemnized, or where the wife currently resides — within Kamrup (Metropolitan) District. Guwahati has more than one Family Court; the case is allocated by the Principal Judge based on the nature of proceedings. All Family Courts here operate under the Gauhati High Court's supervisory jurisdiction.

Areas under Guwahati Family Courts

Ulubari · Bhangagarh · Dispur · Paltan Bazar · Silpukhuri · Ambikagiri Nagar · Six Mile · Narengi · Maligaon · Geetanagar · Beltola · Hatigaon · Kahilipara · Jalukbari · Khanapara · Zoo Road · Ganeshguri · Christian Basti

Kamrup Rural boundary: Kamrup (Metropolitan) District covers the Guwahati municipal area. Residents of Kamrup (Rural) District — Amingaon, Rangia, Chaygaon, Hajo, Boko, and surrounding areas — must file at the Kamrup District Court, not at the Guwahati Family Courts. Confirm your district before drafting begins. See our Mutual Divorce in India guide for the statutory framework.

Court details

Courts
Family Court-I and Family Court-II, Kamrup (Metropolitan)
Address
NEJOTI Building, B.K. Kakoti Road, Ulubari, Guwahati, Assam – 781007
Jurisdiction
Kamrup (Metropolitan) District
Appellate Court
Gauhati High Court, Guwahati In Guwahati
Typical Timeline
6–8 months Waiver possible
Online Filing
Assam eCourts portal; NRI video conferencing at judicial discretion
Kamrup (Metro) Court ↗ Our Guwahati lawyers →

Getting to the Guwahati Family Courts

NEJOTI Building, B.K. Kakoti Road, Ulubari, Guwahati – 781007. The court is accessible from Guwahati Railway Station via G.S. Road and from the city centre through Ulubari Chariali.

How Mutual Consent Divorce Proceeds at Guwahati Family Court

The framework is Section 13B of the Hindu Marriage Act, 1955, under the Gauhati High Court's supervisory jurisdiction. Here is how the process moves from start to decree in Guwahati.

  • Finalise settlement before filing — alimony, custody and visitation, division of property, and withdrawal of any pending proceedings (498A, DV Act, maintenance). In Guwahati, where a significant proportion of couples include government employees or defence personnel, the settlement should also address service-linked benefits — pension entitlements, quarters, and service gratuity — where applicable. Every term must be specific before the petition is drafted.
  • File the joint petition — submitted at the Guwahati Family Court registry via the Assam eCourts portal or in person at the NEJOTI Building, Ulubari. The registry checks jurisdiction, pleadings, and document completeness before assigning a First Motion date. Both spouses must sign the petition before filing.
  • First Motion hearing — both spouses appear before the judge. Statements confirming voluntary consent and one year of separation are recorded on oath. The court grants the First Motion and refers the parties to the court counsellor. For spouses posted elsewhere or abroad, video conferencing may be permitted at judicial discretion.
  • Mandatory counselling session — both spouses attend a session with the court-appointed counsellor under the Family Courts Act, 1984. The counsellor's report is filed before the case proceeds. In mutual consent matters where both parties are firm, the session is brief.
  • Cooling-off period or waiver — six months ordinarily separate the First and Second Motion. A waiver application at the First Motion can accelerate this where grounds exist: 18 months or more of separation, a fully executed settlement, and the counsellor's confirmation. With waiver: approximately 1–3 months. Without: 6–8 months.
  • Second Motion and decree — both spouses reaffirm consent before the judge. The divorce decree is pronounced. Certified copies are issued from the registry and couriered to both parties.
Gauhati High Court proximity: The Gauhati High Court — appellate court for all Guwahati Family Court orders — sits in Guwahati itself, at Fancy Bazar. If a waiver application is declined, or if a custody or maintenance order is challenged, the appellate route does not require travel to another city. The High Court also handles inter-state matrimonial matters involving couples across the northeastern states, making it one of the more experienced benches in India on family law questions specific to the region.

Questions Guwahati Couples Ask

Guwahati has Family Court-I and Family Court-II, both operating under Kamrup (Metropolitan) District from the Ulubari area. The allocation between the two courts is made by the Principal Judge on the basis of case type and internal distribution — the filing party does not choose. When you file the joint petition at the registry, it is assigned to the appropriate court. Both courts follow the same procedure under Section 13B of the Hindu Marriage Act and both report to the Gauhati High Court for appeals.
Amingaon falls under Kamrup (Rural) District — not Kamrup (Metropolitan). The Guwahati Family Courts have jurisdiction only over Kamrup (Metro) District. If your residential address and the matrimonial home are both in Kamrup Rural, you file at the Kamrup District Court, not at Guwahati Family Court. However, if your marriage was solemnized within Guwahati city limits or the wife currently resides within Kamrup (Metro), those grounds would give jurisdiction here. We confirm the correct basis before drafting begins.
Jurisdiction is established on your current Guwahati residence — your husband's Delhi posting does not affect this. The petition and all documentation are prepared entirely remotely. For the First Motion and Second Motion hearings, both spouses typically need to appear — either in person or, where permitted by the judge, via video conferencing. Government service postings that make physical appearance difficult can sometimes support a request for video conferencing or a coordinated travel window. We structure each case around the attendance constraints from the start.
A government quarter is not a private asset and cannot be transferred between spouses — it is allotted by the employer and reverts upon service termination or change. However, if the other spouse currently resides in that quarter, the settlement should address the handover arrangement: by what date the non-allottee spouse vacates, and what the agreed residential arrangement is in the interim. Leaving this silent creates practical complications after the decree is passed, even if the quarter itself is not a divisible asset.
Yes, under Amardeep Singh v. Harveen Kaur (2017). The waiver application is filed at the First Motion stage with supporting grounds: separation of 18 months or more, a fully executed and specific settlement agreement, and the counsellor's confirmation that reconciliation was not feasible. The waiver is at the court's discretion. If refused at the Family Court, a revision petition can be filed before the Gauhati High Court — which sits in Guwahati at Fancy Bazar, making this route genuinely accessible without travel to another city.
In a straightforward mutual consent case, both spouses are typically required in person on two occasions: the First Motion hearing and the Second Motion hearing. The counselling session also requires attendance — for spouses who are posted elsewhere or abroad, video conferencing may be arranged at judicial discretion. Interim listing dates are handled by the advocate. Where a cooling-off waiver is granted, the total appearances remain the same but the gap between them is shorter.

We File at Guwahati Family Court

Guwahati's mutual divorce filing profile has a character that is unlike any other city in this series. It is the administrative and commercial hub of Northeast India — which means a high proportion of government and defence couples, both central and state service, with one spouse frequently posted outside Assam. It also means inter-state marriages involving couples from Assam, Nagaland, Meghalaya, and Mizoram, where the applicable personal law and the jurisdictional basis can both require careful verification before filing.

The Gauhati High Court's jurisdiction over four northeastern states makes it an unusually experienced bench on inter-community and tribal personal law questions. For couples where the applicable personal law is not straightforward — inter-faith, inter-tribal, or SMA marriages — the Guwahati Family Court is accustomed to dealing with these correctly.

Settlement issues specific to Guwahati — government service gratuity, pension entitlements, and quarters — require clauses that most standard settlement templates do not address. We draft these specifically for each case. If you are ready to begin, submit your details through our Mutual Divorce Application online — we confirm jurisdiction, identify the applicable statute, prepare the petition and settlement deed, and handle all court coordination through to the decree. The fee is ₹999 to start.

For a consultation first, visit our Guwahati divorce lawyers page.

Spouse not cooperating? If your spouse is unwilling to agree to mutual divorce, a formal legal notice for divorce is often the first step that opens a real conversation — without immediately escalating to contested proceedings.