The time taken to obtain a mutual consent divorce in India depends on multiple factors such as court workload, jurisdiction, and whether the mandatory cooling-off period is waived. On average, the process takes 6 to 18 months, but it can be shortened if the court is convinced that all conditions for divorce are fulfilled.

Under Section 13B of the Hindu Marriage Act, 1955, or Section 28 of the Special Marriage Act, 1954, a couple must file a joint petition for mutual consent divorce stating that they have been living separately for at least one year and that reconciliation is not possible. Upon filing, the court records the first motion, which essentially acknowledges that the couple is voluntarily seeking divorce.

After the first motion, there is a mandatory six-month cooling-off period under Section 13B(2), meant to give parties time to reconsider the decision and possibly reconcile. However, in a landmark judgment (Amardeep Singh v. Harveen Kaur, 2017), the Supreme Court held that the cooling-off period is not mandatory and can be waived if the court is satisfied that the parties have genuinely resolved all issues, and that waiting further serves no purpose.

If the waiver is granted, the couple may proceed with the second motion soon after the first. This involves a final hearing where the court ensures that both parties still voluntarily agree to the divorce, and that all aspects such as maintenance, alimony, custody of children, and property settlement have been mutually agreed upon. Upon satisfaction, the court passes a decree of divorce.

In practical terms, when all conditions are met and the cooling-off period is waived, the divorce can be finalized in as little as 2–3 months. In other cases, if the waiver is not granted, the second motion must be filed after six months and within 18 months of the first motion. Delays may also occur due to backlog in family courts or if any dispute arises during proceedings.

To expedite the process, both parties should ensure that all legal paperwork is in order, and settlement terms are clearly documented. Opting for pre-litigation mediation to resolve issues beforehand also reduces delays.

In conclusion, while mutual consent divorce is one of the fastest legal methods to dissolve a marriage in India, its duration ultimately depends on judicial discretion, court workload, and the parties’ willingness to cooperate.