Mutual Divorce in Delhi | You Can Know Everything You Need
Looking to end your marriage amicably and move on peacefully? Mutual divorce in Delhi is the most efficient and stress-free legal option when both spouses agree to separate. This article explains everything you need to know — the procedure, requirements, documents, cost, timeline, and legal guidance — to file for mutual divorce in Delhi with confidence. Mutual Divorce Advocate in Delhi.
📌 What is Mutual Divorce?
Mutual divorce is when both husband and wife agree to end their marriage without blame, disputes, or prolonged litigation. It is governed by Section 13B of the Hindu Marriage Act, 1955, and applicable personal laws depending on religion.
Unlike a contested divorce, a mutual divorce is: Mutual Divorce Advocate in Delhi.
Quicker
Less expensive
Emotionally less draining
Settled with mutual understanding
🏛️ Where Can You File for Mutual Divorce in Delhi?
You can file the petition at a Family Court in Delhi based on:
The place of last residence as a couple
The wife’s current residence
The place of marriage
Family courts in Delhi are located at:
Tis Hazari
Saket
Dwarka
Rohini
Karkardooma
Patiala House
✅ Eligibility for Filing Mutual Divorce in Delhi
Couple can file for divorce if:
The couple has lived separately for at least 1 year
Both agree that the marriage has irretrievably broken down
You mutually agree to terminate the marriage
You have settled matters like:
Child custody (if applicable)
Alimony/Maintenance (if applicable)
Division of property (if applicable)
📃 List of Documents Required for Mutual Divorce in Delhi
To proceed, you will need:
Marriage certificate/ Marriage invitation card (mandatory)
Address proof of both spouses
Passport-size photos
Proof of separate living (rent agreements, utility bills)
A mutually signed settlement agreement (alimony, custody, etc.)
Identity documents (Aadhaar, PAN, etc.)
Income and asset proof (if maintenance is claimed)
📝 Step-by-Step Mutual Divorce Process in Delhi
- Consult a Family Lawyer in Delhi
Hire a professional divorce lawyer in Delhi to help draft the petition, settlement, and represent you in court.
- File the First Motion Petition
A joint petition is filed before the Family Court under Section 13B(1), stating that both parties consent to divorce.
- Court Appearance and Statement Recording
Both spouses appear in court and confirm the petition. The court may suggest mediation, though it’s not mandatory if settlement is already done.
- Six-Month Cooling-Off Period
A mandatory 6-month waiting period is given for possible reconciliation. It may be waived by the court under certain conditions.
- Second Motion Petition
After 6 months, both parties must reaffirm consent by filing the second motion under Section 13B(2).
- Final Divorce Decree
If everything is in order, the court grants a decree of divorce, legally dissolving the marriage.
⏱️ Time Frame for Mutual Divorce in Delhi
Minimum Time: 6 months (if cooling-off period not waived)
With Waiver: As little as 1-2 months
Typical Duration: Depends on cases
Note: You can apply for a waiver of the cooling-off period, citing valid reasons (as per the Supreme Court in Amardeep Singh v. Harveen Kaur, 2017).
💰 Mutual Divorce Cost in Delhi
Fee: depends on the circumstances of the case.
It’s best to hire an experienced divorce lawyer in Delhi to ensure smooth proceedings and protect your rights.
👨👩👧👦 What About Child Custody and Alimony?
In divorce, all terms are decided mutually, including:
Custody of children (joint or sole)
Visitation rights
Alimony/Maintenance (lump sum or monthly)
Property division
The court will approve the agreement only if it is fair and voluntary.
🧑⚖️ Why You Should Hire a Mutual Divorce Lawyer in Delhi
An expert divorce advocate in Delhi will:
Help draft clear legal petitions
Ensure all paperwork is correct
Represent you in court
File for waiver if applicable
Protect your financial and legal rights
❓ FAQs on Mutual Divorce in Delhi
Q. Can divorce be filed online in Delhi?
Some courts offer e-filing options, but physical presence is required during court hearings.
Q. Can the 6-month waiting period be waived?
Yes. Courts may waive it if there’s no chance of reconciliation and the settlement is complete.
Q. Can we withdraw the mutual divorce petition?
Yes. Either party can withdraw consent any time before the second motion, which halts the proceedings.
Q. Is mutual divorce available to NRIs?
Yes. NRIs can file in India if the marriage was registered here or under Indian law.
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❓ FAQs on Mutual Divorce in Delhi
- What is the minimum time for a mutual divorce in Delhi?
The minimum time is 6 months from the date of filing the first motion. However, a court may waive this period by the court in specific cases if both parties show that there is no chance of reconciliation.
- Can we file for mutual divorce before completing 1 year of separation?
No. As per Section 13B of the Hindu Marriage Act, the couple must have lived separately for at least 1 year before filing for mutual divorce.
- Is a mutual divorce faster than a contested divorce?
Yes. Mutual divorce is significantly faster, less expensive, and emotionally easier than a contested divorce, which can take years.
- Can a couple file a mutual divorce online in Delhi?
While some courts may allow e-filing of the petition, both parties must appear physically before the Family Court in Delhi for statements during both motions.
- Do both husband and wife need to be present in court?
Yes. Both parties need to be personally present before the Hon’ble Judge during the first and second motion hearings, unless the court permits video conferencing under special circumstances.
File for Mutual Divorce in Delhi
- What documents are required for a mutual divorce in Delhi?
You will need:
Marriage certificate
Address and ID proof of both parties
Passport-size photographs
Proof of separation (if available)
Settlement agreement (alimony, custody, property)
- How much does a mutual divorce cost in Delhi?
The cost typically depending on complexity of cases, lawyer’s fees and the complexity of the settlement.
- Can we withdraw a mutual divorce petition?
Yes. Either party can withdraw consent anytime before the final decree (Second Motion), which will stop the mutual divorce proceedings.
- Is it necessary to mention alimony or child custody in the petition?
Yes. Any financial or custodial arrangements a couple must mention in the joint petition or a separate settlement agreement, and must be fair and acceptable to both parties.
- Can NRIs file for mutual divorce in Delhi?
Yes. NRIs married in India or under Indian laws can file for a mutual divorce in Delhi. However, they can present online in court, the court permits video conferencing or representation through a power of attorney.
