What the First Motion Establishes<\/h2>\n\n\n\n Before examining what comes after, understanding exactly what the first motion accomplishes \u2014 and what it does not \u2014 is essential.<\/p>\n\n\n\n
At the first motion hearing, the court:<\/p>\n\n\n\n
\ud83d\udccb Verifies that the parties appearing before it are the same persons whose names appear in the petition \ud83d\udccb Confirms that the marriage was solemnised and that the parties are legally married to each other \ud83d\udccb Satisfies itself that both parties understand the nature of the petition they have filed \u2014 that it is a petition for dissolution of their marriage<\/p>\n\n\n\n
\ud83d\udccb Records the statement of each party \u2014 typically including confirmation that the separation has lasted the stated period, that they have been unable to live together, and that their consent to the divorce is freely given without coercion or undue influence \ud83d\udccb Notes whether a settlement agreement has been filed or is to be filed<\/p>\n\n\n\n
After hearing statements of both sides, the court passes the order for the first motion. There has to be a cooling-off period of six months for the couple to rethink their decision, which can be waived according to the decision of the Supreme Court if both the parties are living separately for more than 18 months before filing the first motion.<\/p>\n\n\n\n
What the first motion does not do is dissolve the marriage. The parties are still legally married after the first motion is passed. The decree of divorce has not been granted. Both parties remain legally bound to each other as spouses. All property rights, succession rights, and status as “married” continue until the final decree is passed at the second motion.<\/p>\n\n\n\n
The Cooling-Off Period: Six Months, With Purpose<\/h2>\n\n\n\n The cooling-off period in divorce by mutual consent in India means the period of six months from the first motion. The intention of the court is to provide the couple with the last chance to reconsider this step as the basic intent of the act is to save the marriage. Thus the couple gets a time frame during which they decide if they want to withdraw their petition. This period also provides an opportunity for reconciliation and compromise before finalising divorce procedures by mutual consent under Section 13B of the Hindu Marriage Act, 1955.<\/p>\n\n\n\n
The six-month period is not merely a bureaucratic waiting period. The law treats it as a substantive opportunity \u2014 an interval during which the decision to divorce is not yet irreversible, during which family members, counsellors, or mediators may facilitate reconciliation, and during which either party may genuinely reconsider a decision made in the heat of a marital breakdown.<\/p>\n\n\n\n
What Both Parties Should Do During the Cooling-Off Period<\/h3>\n\n\n\n If the settlement has not yet been finalised:<\/strong> The cooling-off period is the time to reach final agreement on all outstanding settlement issues. Alimony amount and mode of payment, division of movable and immovable property, custody arrangements for children, return of stridhan, withdrawal of pending criminal cases or civil litigation \u2014 every outstanding issue must be resolved and reduced to a written settlement agreement before the second motion can be filed effectively.<\/p>\n\n\n\nIf the settlement has already been concluded:<\/strong> The cooling-off period is the time to begin implementing any settlement terms that can be implemented before the decree \u2014 such as informal handover of jewellery, transfer of personal effects, or initial partial payments of lump-sum alimony. Implementing settlement terms before the decree builds trust between the parties and reduces the risk of post-decree disputes.<\/p>\n\n\n\nMaintain communication with the advocate:<\/strong> The cooling-off period is also the time to keep the advocate updated on any changes \u2014 change of address, change of contact details, change in the settlement terms being proposed. The advocate needs to be able to reach both parties in the weeks before the second motion hearing.<\/p>\n\n\n\nWhat Should Not Happen During the Cooling-Off Period<\/h3>\n\n\n\n \ud83d\udccb Filing criminal cases against the other party \u2014 domestic violence complaints, Section 498A complaints \u2014 that are not genuine and are filed as tactical pressure. Courts have consistently and increasingly treated such filings as bad faith conduct that can affect the credibility of the withdrawing party if the divorce proceeds to contested proceedings.<\/p>\n\n\n\n
\ud83d\udccb Making unilateral decisions about property or assets that were part of the proposed settlement \u2014 for example, selling property that was agreed to be transferred to the other party.<\/p>\n\n\n\n
\ud83d\udccb Withdrawing consent and then re-filing at a later date as a way to extend the overall timeline. While this is technically possible, it restarts the entire process including the one-year separation requirement verification.<\/p>\n\n\n\n
The Eighteen-Month Outer Limit: Why It Matters<\/h2>\n\n\n\n Section 13B(2) creates not just a six-month minimum but also an eighteen-month maximum:<\/p>\n\n\n\n
Not earlier than six months after the presentation of the first motion and not later than eighteen months after the said date \u2014 if the petition is not withdrawn in the meantime \u2014 the court shall pass a decree of divorce.<\/p>\n\n\n\n
The eighteen-month limit means that if the second motion is not filed within eighteen months of the date of the first motion, the petition lapses. Both parties must then start the process entirely from the beginning \u2014 filing a fresh joint petition, going through a fresh first motion, and waiting through another cooling-off period.<\/p>\n\n\n\n
This outer limit is not a theoretical concern. It catches couples who:<\/p>\n\n\n\n
\ud83d\udccb File the first motion without having fully agreed on settlement terms, intending to resolve the issues during the cooling-off period \u2014 and then find that the settlement negotiations drag on past the eighteen-month mark<\/p>\n\n\n\n
\ud83d\udccb Have one party who, without formally withdrawing consent, simply does not co-operate in scheduling and attending the second motion hearing, allowing the eighteen months to elapse<\/p>\n\n\n\n
\ud83d\udccb Lose track of the timeline because both parties have moved on with their lives and assume the divorce is “processing” without actively monitoring the deadline<\/p>\n\n\n\n
The practical rule is simple: once the first motion is passed, both parties and their advocate should mark the eighteen-month deadline clearly and set a target for the second motion hearing of at least two months before that deadline \u2014 to allow time for scheduling, documentation preparation, and any unforeseen delays in court listing.<\/p>\n\n\n\n
Waiver of the Cooling-Off Period: The Amardeep Singh Framework<\/h2>\n\n\n\n The six-month cooling-off period is not always mandatory. Following the Supreme Court’s landmark ruling in Amardeep Singh v. Harbheen Kaur (2017), courts have the discretion to waive the period where the circumstances justify it.<\/p>\n\n\n\n
If both parties have decided to get separated and want to waive the cool-down period of six months, they can apply for that, but it is totally upon the discretion of the court to allow it. If it is allowed by the court, everything can be done within two months.<\/p>\n\n\n\n
Conditions for Waiver<\/h3>\n\n\n\n The Supreme Court in Amardeep Singh identified the following factors courts should consider when deciding whether to waive the cooling-off period:<\/p>\n\n\n\n
\ud83d\udccb The statutory period of one year’s separation has already elapsed before the first motion \u2014 the parties were not living together as husband and wife<\/p>\n\n\n\n
\ud83d\udccb All efforts for mediation and reconciliation have been made and have failed \u2014 there is no reasonable possibility that the parties will reconcile<\/p>\n\n\n\n
\ud83d\udccb The marriage is irretrievably broken in the view of both parties<\/p>\n\n\n\n
\ud83d\udccb There are no children involved, or the custody arrangement for the children has been settled<\/p>\n\n\n\n
\ud83d\udccb Settlement on all financial issues \u2014 alimony, property, stridhan \u2014 has been reached<\/p>\n\n\n\n
\ud83d\udccb The waiting period would serve no useful purpose and would cause unnecessary hardship and delay<\/p>\n\n\n\n
How to Apply for Waiver<\/h3>\n\n\n\n An application for waiver of the cooling-off period should ideally be filed:<\/p>\n\n\n\n
\ud83d\udccb Along with the joint petition at the time of first motion:<\/strong> This is the most efficient approach \u2014 the first motion hearing and the waiver application are addressed together. If the court grants the waiver at the first motion itself, the second motion can be scheduled within weeks.<\/p>\n\n\n\n\ud83d\udccb During the cooling-off period:<\/strong> If a waiver application was not filed at the first motion, it can be filed during the cooling-off period. The court schedules a separate hearing for the waiver application and, if granted, brings forward the second motion.<\/p>\n\n\n\nThe waiver application must set out the grounds specifically \u2014 citing the duration of separation, the fact of failed reconciliation, the existence of a concluded settlement, and the hardship caused by the waiting period. A bare application without supporting grounds is unlikely to be granted.<\/p>\n\n\n\n
The Delhi High Court’s December 2025 Ruling on the Separation Period<\/h3>\n\n\n\n A Delhi High Court decision from December 17, 2025 dealt with the question of whether the one-year separation requirement itself could be waived in certain situations. Results depend on the facts and the law.<\/p>\n\n\n\n
This ruling goes further than Amardeep Singh \u2014 which addressed only the cooling-off period \u2014 by examining whether the one-year separation precondition under Section 13B(1) is itself mandatory or whether courts have discretion to relax it. The Delhi High Court’s position \u2014 that where the parties have made out their case on the relevant grounds and are firmly decided on divorce, procedural time requirements may be viewed as directory rather than mandatory \u2014 signals a continuing judicial trend toward privileging substantive justice over procedural rigidity in matrimonial proceedings.<\/p>\n\n\n\n
Preparing for the Second Motion: The Checklist<\/h2>\n\n\n\n The second motion is the final hearing in the mutual divorce process. Preparation is critical. The following checklist covers everything that should be in place before the second motion application is filed:<\/p>\n\n\n\n
Settlement Agreement: Finalised, Signed, and Filed<\/h3>\n\n\n\n The settlement agreement \u2014 sometimes called a Memorandum of Understanding (MoU) \u2014 is the document that records all the agreed terms of the divorce. It should be:<\/p>\n\n\n\n
\ud83d\udccb In writing and signed by both parties \u2014 ideally before the first motion, but at the latest before the second motion<\/p>\n\n\n\n
\ud83d\udccb Witnessed and notarised \u2014 while a settlement agreement is a civil contract and does not strictly require notarisation, notarisation adds authenticity and makes subsequent enforcement easier<\/p>\n\n\n\n
\ud83d\udccb Filed before the Family Court as part of the consent terms \u2014 when a settlement is filed before the court, it becomes a court-sanctioned agreement and the court can incorporate its terms into the decree. This makes the settlement directly enforceable as a decree of court, far more powerful than a private contract.<\/p>\n\n\n\n
\ud83d\udccb Comprehensive \u2014 every issue that could generate a future dispute must be addressed. Outstanding issues not covered in the settlement agreement cannot be raised before the court at the second motion as a reason to delay the decree.<\/p>\n\n\n\n
The settlement should cover, at a minimum:<\/p>\n\n\n\n
\ud83d\udccb Alimony \u2014 the amount, whether lump-sum or periodic, the payment schedule, and the conditions for revision or cessation<\/p>\n\n\n\n
\ud83d\udccb Division of immovable property \u2014 which property goes to whom, what transfers are to be executed and within what timeline, whether any property is to be sold and the proceeds divided<\/p>\n\n\n\n
\ud83d\udccb Division of movable property and financial assets \u2014 bank accounts, fixed deposits, investments, vehicles, jewellery<\/p>\n\n\n\n
\ud83d\udccb Return of stridhan \u2014 the items of jewellery and other gifts belonging to the wife, their timeline of return<\/p>\n\n\n\n
\ud83d\udccb Child custody \u2014 which parent has primary custody, visitation arrangements for the other parent, special occasion arrangements, right to be informed about health and education<\/p>\n\n\n\n
\ud83d\udccb Child maintenance \u2014 the amount, frequency, and duration of financial support from the non-custodial parent<\/p>\n\n\n\n
\ud83d\udccb Withdrawal of pending litigation \u2014 all pending civil and criminal cases between the parties (including domestic violence complaints, dowry harassment complaints, maintenance applications) to be withdrawn simultaneously with or immediately following the passing of the decree<\/p>\n\n\n\n
\ud83d\udccb Full and final settlement clause \u2014 a declaration that the settlement covers all claims between the parties arising from the marriage and its dissolution, and that neither party has any further claim on the other<\/p>\n\n\n\n
Documents for the Second Motion<\/h3>\n\n\n\n The following documents should be assembled before the second motion application is filed:<\/p>\n\n\n\n
\ud83d\udccb Copy of the joint petition filed at the first motion \ud83d\udccb Copy of the first motion order passed by the court \ud83d\udccb The signed and notarised settlement agreement (if not already filed with the court) \ud83d\udccb Identity proof of both parties (Aadhaar, PAN) \ud83d\udccb Marriage certificate \ud83d\udccb Any documents evidencing implementation of settlement terms already carried out \u2014 payment receipts, property transfer documents, jewellery receipts \ud83d\udccb Application for waiver of cooling-off period (if not already filed and decided)<\/p>\n\n\n\n
Filing the Second Motion: The Procedure<\/h2>\n\n\n\n After the cooling-off period, the couple must file a second motion. Both parties need to appear before the court again to confirm their decision to proceed with the divorce.<\/p>\n\n\n\n
The second motion is filed through an application \u2014 formally, a joint application by both parties \u2014 submitted to the Family Court. The application states that the cooling-off period has elapsed (or that the waiver has been granted), that the parties’ consent to the divorce continues, that the settlement agreement has been reached, and that both parties request the court to pass a decree of divorce.<\/p>\n\n\n\n
The court schedules the second motion hearing. Both parties must appear \u2014 either physically or, for NRIs and in courts that permit it, via video conference.<\/p>\n\n\n\n
The Second Motion Hearing: What the Court Examines<\/h2>\n\n\n\n The second motion hearing is the most important hearing in the entire mutual divorce process. Section 13B(2) requires the court, before passing the decree, to:<\/p>\n\n\n\n
Hear both parties:<\/strong> Both parties (or their counsel where physical appearance is excused) must be present. The court will address questions to each party directly. Relying entirely on the advocate to speak is not appropriate at this hearing \u2014 the court wants to hear from the parties themselves that their consent continues freely.<\/p>\n\n\n\nMake such inquiry as it thinks fit:<\/strong> The court’s discretion to examine anything it considers relevant \u2014 the voluntariness of consent, the fairness of the settlement, the adequacy of provision for children.<\/p>\n\n\n\nSatisfy itself on three matters:<\/strong><\/p>\n\n\n\n\ud83d\udccb That the marriage was solemnised \u2014 a basic verification of the marital status of the parties<\/p>\n\n\n\n
\ud83d\udccb That the parties have been living separately as stated in the petition \u2014 confirmation that the factual basis of the mutual divorce exists<\/p>\n\n\n\n
\ud83d\udccb That the averments in the petition are true \u2014 that the representations made by the parties about their consent, their inability to live together, and their agreement to dissolve the marriage are accurate<\/p>\n\n\n\n
What the Court Actually Asks at the Second Motion<\/h3>\n\n\n\n In practice, at the second motion hearing the court typically asks each party:<\/p>\n\n\n\n
\ud83d\udccb Their name, address, and identity (usually verified against the Aadhaar) \ud83d\udccb Confirmation that the joint petition was filed by them and that they stand by its contents \ud83d\udccb Confirmation that their consent to the divorce is freely given \u2014 without force, coercion, fraud, or undue influence \ud83d\udccb Confirmation that they have understood the terms of the settlement agreement \ud83d\udccb Confirmation that they have no further claims against the other party beyond what is stated in the settlement \ud83d\udccb Confirmation that they wish the court to pass a decree of divorce<\/p>\n\n\n\n
Where children are involved, the court will also ask about the custody arrangement and satisfy itself that the arrangement is in the interests of the children \u2014 not merely that it is agreed between the parents.<\/p>\n\n\n\n
After having both the motion orders, the court passes the final decree for mutual consent divorce. This decree states that all contracts, including child custody and related matters, have been reviewed and approved. The court will dissolve a marriage if it is satisfied that the dissolution is mutual, voluntary, and lawful.<\/p>\n\n\n\n
What Happens If the Settlement Has Not Been Concluded by the Second Motion<\/h3>\n\n\n\n If the second motion hearing is scheduled but the parties have not yet finalised the settlement on all issues, the court may:<\/p>\n\n\n\n
\ud83d\udccb Adjourn the hearing to give the parties more time to conclude the settlement \u2014 provided the eighteen-month outer limit has not been reached<\/p>\n\n\n\n
\ud83d\udccb Refer the parties to mediation for settlement of the outstanding issues \u2014 many Family Courts have attached mediation centres that handle exactly this scenario<\/p>\n\n\n\n
\ud83d\udccb If the eighteen-month limit is close, put pressure on the parties and their advocates to resolve outstanding issues promptly<\/p>\n\n\n\n
The practical lesson is that approaching the second motion with unresolved settlement issues is risky. The closer the hearing is to the eighteen-month outer limit, the less room there is to adjourn.<\/p>\n\n\n\n
The Final Divorce Decree: What It Contains and What It Means<\/h2>\n\n\n\n Once the court is satisfied at the second motion hearing, it passes the divorce decree. Once the second motion is concluded and the court is satisfied with the terms, the judge will issue the divorce decree, finalising the dissolution of the marriage. This decree signifies that the marriage is legally terminated, and both parties are free to remarry.<\/p>\n\n\n\n
The divorce decree is a formal judicial order that typically contains:<\/p>\n\n\n\n
\ud83d\udccb The names of both parties and the case number \ud83d\udccb A declaration that the marriage is dissolved with effect from the date of the decree \ud83d\udccb A record of the settlement terms \u2014 or a reference to the settlement agreement filed with the court \u2014 making them part of the decree \ud83d\udccb Custody arrangements, if applicable \ud83d\udccb Maintenance amounts, if applicable \ud83d\udccb Any other specific directions the court has given<\/p>\n\n\n\n
The date of the divorce decree is the legal date of dissolution. All consequences \u2014 the right to remarry, the change in legal status from “married” to “divorced,” the release from matrimonial obligations \u2014 take effect from that date.<\/p>\n\n\n\n
Obtaining Certified Copies of the Decree<\/h3>\n\n\n\n The decree passed at the second motion hearing is an entry in the court’s record. To use it for practical purposes \u2014 updating identity documents, filing income tax returns, remarrying, or enforcing settlement terms \u2014 certified copies are required.<\/p>\n\n\n\n
\ud83d\udccb Apply for certified copies through the advocate immediately after the decree is passed \u2014 the court typically issues certified copies within one to four weeks of the application<\/p>\n\n\n\n
\ud83d\udccb Obtain at least five to six certified copies \u2014 they will be needed for Aadhaar updates, PAN updates, passport applications, bank KYC, employer records, and any other institutional purpose<\/p>\n\n\n\n
\ud83d\udccb A certified copy bears the court’s seal and the signature of the court officer \u2014 a plain photocopy of the decree is not a certified copy and will not be accepted for official purposes<\/p>\n\n\n\n
After the Decree: Implementing the Settlement<\/h2>\n\n\n\n The divorce decree dissolves the marriage. But the settlement agreement \u2014 now incorporated in or annexed to the decree \u2014 still needs to be implemented. Implementation is where many post-divorce disputes arise, and where the precision of the settlement agreement’s drafting is tested.<\/p>\n\n\n\n
Implementing Financial Obligations<\/h3>\n\n\n\n \ud83d\udccb Lump-sum alimony:<\/strong> Where alimony is payable as a lump sum, the payment should be made \u2014 or the balance paid, if a portion was paid at or before the first motion \u2014 within the timeline specified in the settlement. Where payment is not made on time, the decree itself can be executed against the defaulting party as a civil decree.<\/p>\n\n\n\n\ud83d\udccb Periodic maintenance:<\/strong> Where maintenance is periodic (monthly payments), the mechanism for payment should be established \u2014 standing order, NACH mandate, or other automatic transfer \u2014 immediately after the decree to avoid the need for manual payment each month and the risk of default.<\/p>\n\n\n\n\ud83d\udccb Property transfers:<\/strong> Any immovable property to be transferred under the settlement requires a registered sale deed or gift deed \u2014 merely recording the transfer in the settlement agreement does not complete the legal transfer. The relevant documentation (including stamp duty and registration fees) must be completed at the Sub-Registrar’s office.<\/p>\n\n\n\nWithdrawing Pending Litigation<\/h3>\n\n\n\n Where the settlement agreement provides for the withdrawal of pending criminal cases \u2014 Section 498A, domestic violence, maintenance applications \u2014 the withdrawal must be formally done before the relevant court or authority. This cannot be left unattended after the divorce decree is obtained. Outstanding criminal proceedings affect both parties’ ability to move on legally and practically.<\/p>\n\n\n\n
Updating Custody Arrangements in Practice<\/h3>\n\n\n\n Where children are involved, the transition from the current custody arrangement to the arrangement specified in the settlement and decree must be managed carefully \u2014 particularly around school enrolment, medical authority, travel permissions, and the child’s own adjustment to the new living arrangement.<\/p>\n\n\n\n
What Happens to the Case If One Party Withdraws Consent Before the Second Motion<\/h2>\n\n\n\n This is one of the most practically important questions in the entire mutual divorce framework \u2014 and it has been addressed in detail by the Supreme Court.<\/p>\n\n\n\n
During the cooling-off period, there is a mandatory six-month cooling-off period after filing the first motion petition. During this time, either spouse can unilaterally withdraw consent for the divorce without needing to provide a substantial reason.<\/p>\n\n\n\n
If consent is withdrawn, the mutual divorce petition is dismissed. The parties revert to their status as a legally married couple. The party who wishes to divorce must then either file a contested petition on fault-based grounds under Section 13 of the Hindu Marriage Act, or attempt to re-negotiate and re-file a mutual consent petition at a later stage.<\/p>\n\n\n\n
However \u2014 as the Supreme Court’s April 2026 ruling clarified \u2014 the right to withdraw consent is not absolute where a concluded settlement has been entered into and settlement benefits have been accepted. A party who has received substantial financial benefits under the settlement cannot withdraw consent as a tactical manoeuvre to extract further concessions. In such situations, the court may invoke Article 142 of the Constitution to dissolve the marriage despite the withdrawal.<\/p>\n\n\n\n
Timeline: First Motion to Final Decree<\/h2>\n\n\n\n The complete timeline from first motion to final decree depends on three variables: whether the cooling-off period is waived, how quickly the settlement is finalised, and the speed of the court’s listing and scheduling.<\/p>\n\n\n\n
Without waiver (standard track):<\/strong> \ud83d\udccb First motion: Day 0 \ud83d\udccb Cooling-off period: 6 months minimum \ud83d\udccb Second motion application filed: From Day 180 onward \ud83d\udccb Court schedules second motion hearing: 2 to 8 weeks after application \ud83d\udccb Second motion hearing and decree: Typically 7 to 9 months from first motion<\/p>\n\n\n\nWith waiver (fast track):<\/strong> \ud83d\udccb First motion and waiver application: Day 0 \ud83d\udccb Court decides waiver application: 2 to 4 weeks \ud83d\udccb Second motion hearing: Scheduled 2 to 4 weeks after waiver is granted \ud83d\udccb Total time from first motion to decree: As little as 6 to 8 weeks in the fastest cases<\/p>\n\n\n\nUsually between 6 and 12 months from filing. In some cases, the court may waive the cooling-off period, which can speed things up. Based on Supreme Court guidance, courts can waive it if the separation is long, reconciliation is impossible, and all issues are truly resolved.<\/p>\n\n\n\n
Role of Mediation Between the First and Second Motion<\/h2>\n\n\n\n Many Family Courts have attached mediation centres \u2014 constituted under the Mediation and Conciliation Project Committee of the Supreme Court or under the respective High Courts’ mediation frameworks. Courts regularly refer mutual divorce cases to mediation during the cooling-off period.<\/p>\n\n\n\n
The purposes of mediation in this context are:<\/p>\n\n\n\n
\ud83d\udccb Genuine reconciliation:<\/strong> Where there is any possibility that the parties may reconcile, the mediator explores it in a structured, confidential setting<\/p>\n\n\n\n\ud83d\udccb Settlement facilitation:<\/strong> Where the parties are decided on divorce but have not concluded the settlement \u2014 on alimony, property, custody \u2014 the mediator facilitates negotiation of the outstanding terms<\/p>\n\n\n\n\ud83d\udccb Reducing acrimony:<\/strong> The mediation process, by providing a neutral space for discussion, often reduces the personal acrimony that drives parties to file tactical criminal cases or make unreasonable demands<\/p>\n\n\n\n\ud83d\udccb Formalising the settlement:<\/strong> The mediator assists in reducing the agreed terms to a Mediation Settlement Agreement that is then filed before the Family Court and incorporated in the consent terms<\/p>\n\n\n\nA settlement reached through court-attached mediation carries particular authority \u2014 it is filed with the mediator’s report before the court, making it harder for either party to subsequently disavow.<\/p>\n\n\n\n
Special Marriage Act: The Parallel Process<\/h2>\n\n\n\n For couples whose marriage was solemnised under the Special Marriage Act, 1954 \u2014 which applies to inter-religious marriages and civil marriages \u2014 mutual divorce is governed by Section 28 of that Act, which is substantively identical to Section 13B of the Hindu Marriage Act.<\/p>\n\n\n\n
Both parties can jointly approach the court regardless of their current residence, making the process more flexible for NRIs. The procedure under the Special Marriage Act mirrors the HMA process \u2014 first motion, cooling-off period, second motion, and final decree.<\/p>\n\n\n\n
Every procedural principle discussed in this article \u2014 the cooling-off period, the waiver application, the second motion hearing, the court’s examination of consent, the settlement agreement \u2014 applies with equal force to Special Marriage Act mutual divorce proceedings.<\/p>\n\n\n\n
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