how to file for mutual consent divorce in Kolkata family court

Mutual consent divorce is governed by Section 13B of the Hindu Marriage Act, 1955, and requires both spouses to have lived separately for at least one year before filing. You must file a joint petition before the Family Court in Kolkata, and the court will record statements of both parties before granting a six-month cooling-off period, which may be waived in certain circumstances. The Calcutta High Court has held that this cooling period can be waived if parties have settled all disputes and there is no possibility of reconciliation. West Bengal Premises Tenancy Act 1997 may provide additional procedural requirements or mediation mandates specific to West Bengal. After the cooling-off period, a second motion is filed and the decree is granted if the court is satisfied that the marriage has irretrievably broken down. You should engage a family law advocate to draft the joint petition and ensure compliance with all procedural rules.