Counsel

I am assuming you are interested in mutual consent divorce. To begin with, mutual consent means both the husband and wife agree for a peaceful separation, this provision was introduced in Section 13-B of Hindu Marriage Act, 1955.

There are two aspects on which Husband & Wife have to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance.Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. 

Once you figure out the alimony and maintenance part, you need to file a petition in the form of an affidavit in the family court (location - where you and your husband have lived together). 

Note, remember there are different laws of divorce for a different religion. eg., Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.

Once you file the petition mostly the important steps are done by then, the minimum duration for you to get a declaration of divorce is 6 months. Reason being, after the filing of the petition and recording the statement of the couple, the court generally adjourns the matter for a period of 6 months. After six months the couple has to present themselves again to the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Recently the procedure is made much-simplified giving due consideration to your privacy, if you are interested, we can take this discussion forward 'Get a Wazzeer'