How Mutual Consent Divorce Proceeds at Pune Family Court
The framework is Section 13B of the Hindu Marriage Act, 1955, under the Bombay High Court's supervisory jurisdiction. Here is how the process moves from start to decree.
- Settle terms completely before filing — alimony, custody and visitation, property division, ESOP and RSU treatment, and withdrawal of any pending proceedings. Pune cases frequently involve complex financial assets — salary structures, deferred compensation, and co-owned flats under active loans. Every term must be specific and documented before the petition is filed. Vague clauses are queried at the First Motion and cause adjournments.
- File the joint petition — submitted at the Pune Family Court registry via the Maharashtra eCourts portal or in person at Shivajinagar. The registry checks jurisdiction, pleadings, and document completeness before assigning a First Motion date. Both spouses must sign 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 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. In mutual consent matters where the decision is firm, this is brief. The counsellor's report is filed before the case proceeds.
- Cooling-off period or waiver — six months ordinarily separate the First and Second Motion. A waiver application at the First Motion stage can compress this where grounds are strong: 18 months or more of separation, fully executed settlement, and counsellor's confirmation. With waiver: approximately 1–2 months. Without: 6–8 months.
- Second Motion and decree — both spouses reaffirm consent before the judge. The divorce decree is pronounced. Certified copies are collected from the Shivajinagar registry and couriered to both parties.
Note on Pune's caseload: Pune Family Court handles a high volume of cases given the city's size. Complete and accurate documentation at the filing stage — correct address proof, signed petition, fully drafted settlement — is the most effective way to avoid listing delays. Every adjournment for a missing document adds weeks, not days, to the timeline.