How Mutual Consent Divorce Proceeds at Thane Family Court
The framework is Section 13B of the Hindu Marriage Act, 1955, with the Bombay High Court exercising appellate supervision. Here is how the process moves from start to decree.
- Agree on settlement terms — alimony amount and structure, custody and visitation if children are involved, division of shared property, and withdrawal of any pending cases (498A, DV Act, maintenance proceedings). Every term must be specific and agreed before the petition is drafted. Vague settlement clauses are queried at the First Motion hearing and can delay the case.
- File the joint petition — submitted at the Thane Family Court registry via the Maharashtra eCourts portal or in person at Court Naka. The registry checks jurisdiction, pleadings, and document completeness before a First Motion date is assigned. Both spouses' signatures on the petition are required 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 issues a counselling referral. For NRI spouses, video conferencing may be permitted at the judge's discretion.
- Mandatory counselling session — the court directs both spouses to attend a session with a court-appointed counsellor, as required under the Family Courts Act, 1984. In mutual consent cases where both parties are firm, the session is brief. The counsellor files a report confirming the outcome before the case proceeds.
- Cooling-off period or waiver — six months ordinarily separate the First and Second Motion. A waiver application can be filed at the First Motion stage where grounds are strong: 18 months or more of separation, a fully executed settlement agreement, and the counsellor's report. With a waiver, the total timeline is approximately 1–2 months; without one, 6–7 months.
- Second Motion and decree — both spouses reaffirm mutual consent before the judge. The court pronounces the final divorce decree. Certified copies are issued from the registry within a few weeks of the order and couriered to both parties.
Address proof note for Thane: Many Thane residents have Aadhaar or Voter IDs still reflecting Mumbai or outstation addresses, having moved to Thane for work. A current rent agreement with a Thane address is accepted as valid proof of residence at this court. This is among the first things we verify when a new Thane case comes in — it does not prevent filing, as long as the rent agreement is current.