Can we file for mutual divorce in Maharashtra if our marriage was not registered?
Yes. Maharashtra Family Courts, including Mumbai's Principal Family Court, routinely accept unregistered marriages — the original wedding invitation with joint photographs works as alternative proof. If a registered certificate has been lost, a duplicate is available from the Sub-Registrar where it was originally registered.
We live in Mumbai but separated and now live in different parts of the city. Which court do we file in?
Jurisdiction follows where the couple last lived together or the wife's current residence. If the wife now lives in Thane or Navi Mumbai, the petition may need to file there instead of Mumbai's Bandra court — this belt is one of the most jurisdiction-complex regions in India for matrimonial matters. We confirm the exact court before drafting anything.
Is the process completely online or do we need to visit an office or court?
Documentation, MoU drafting, and filing are handled online — no office or registry visits during preparation. Physical presence is required only twice: First Motion and Second Motion, both mandated by Section 13B. NRI spouses who can't travel may be eligible for a video conferencing arrangement, assessed during preparation.
Can the six-month cooling-off period be waived in Maharashtra Family Courts?
Yes, under Amardeep Singh v. Harveen Kaur (2017), where both spouses have not lived as husband and wife for over 18 months — including couples still under the same roof but no longer cohabiting maritally — and the settlement is fully agreed before First Motion. We file the waiver at that stage; if granted, the process concludes in 8 to 12 weeks. Full details in our cooling-off period guide.
One of us is based in the UK or USA. Can we still file in Maharashtra?
Yes — if the marriage was solemnised in Maharashtra or the resident spouse lives here, the petition files at the correct court regardless of where the other spouse is. We assess video conferencing, prepare the Special Power of Attorney, and guide the overseas spouse through attestation. The certified decree is couriered to them once issued. More on our NRI Divorce page.
How is child custody handled in a Maharashtra mutual divorce?
Custody is agreed between spouses and documented in the MoU — primary residence, visitation, expense division, and holidays. Courts expect specific terms, not vague ones, and approve a detailed, reasonable arrangement without revision in most cases. This is drafted as part of the Rs.9,000 documentation stage.
What is the total fee and how is it paid?
Rs.40,000 for both spouses, across four milestones: Rs.999 at form submission, Rs.9,000 for documentation, Rs.10,000 at First Motion, Rs.20,000 at Second Motion and decree delivery. No increase for adjourned hearings or a longer timeline — everything is within the Rs.40,000.
How long does mutual divorce take in Maharashtra?
With the waiver granted, typically 8 to 12 weeks from filing. Without it, the realistic timeline is 8 to 11 months. Mumbai's First Motion listing runs 4 to 8 weeks versus 2 to 5 weeks in smaller district courts like Nashik or Kolhapur — our own documentation work usually completes within 5 to 10 working days.
My spouse is not agreeing to divorce. What are my options?
A formally drafted legal notice is usually the most productive first step — it puts your position on record and often prompts a response where informal communication hasn't worked. If your spouse still refuses, a contested petition under Section 13 of the Hindu Marriage Act is the available route, though it's longer. See what to do when your spouse is not agreeing to divorce.