How Mutual Consent Divorce Proceeds at Lucknow Family Court
The framework is Section 13B of the Hindu Marriage Act, 1955, under the Allahabad High Court Lucknow Bench's supervisory jurisdiction. Here is how the process moves from start to decree.
- Settle all terms before filing — alimony, custody and visitation, division of property, and withdrawal of any pending proceedings (498A, DV Act, maintenance). Lucknow's large government and service-sector population means many cases involve service-linked entitlements — GPF, gratuity, and pension — that should be addressed in the settlement where applicable. Every term must be specific before the petition is filed.
- File the joint petition — submitted at the Kaiserbagh registry via the UP eCourts portal or in person. The registry scrutinises jurisdiction, pleadings, and document completeness before assigning a First Motion date. The case is allocated to one of the nine courts on filing. Both spouses must sign before submission.
- First Motion hearing — both spouses appear before the assigned judge at Kaiserbagh. 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 outstation or NRI spouses, 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 the decision is 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 stage can shorten this where grounds are strong: 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.
Allahabad High Court Lucknow Bench: The Allahabad High Court has a permanent Bench sitting in Lucknow itself. Waiver revisions and appeals from Lucknow Family Court go to this Bench — no travel to Allahabad/Prayagraj is needed for Lucknow cases. This makes the full process, including any appellate step, manageable entirely within Lucknow.