Mutual divorce is a peaceful and efficient legal route for couples who have mutually decided to dissolve their marriage. In Delhi, the process of filing for mutual divorce is streamlined under the Hindu Marriage Act, 1955 (Section 13B) and other relevant laws depending on the religion of the parties. This comprehensive guide explains how to file for mutual divorce in Delhi, including eligibility, procedure, documentation, timelines, and FAQs. File for Mutual Divorce in Delhi.

✅ What is Mutual Divorce?

Mutual divorce is when both spouses agree:

To dissolve the marriage, and

On terms like alimony, child custody, and division of property.

It is generally quicker, less costly, and less emotionally draining compared to contested divorce.

Both spouses mutually agree to dissolve their marriage and resolve all issues related to alimony, maintenance, etc. They can file a joint petition.

📍 Where to File for Mutual Divorce in Delhi?

You can file the mutual divorce petition in a Family Court in Delhi where:

The couple last lived together, or

The wife currently resides, or

The marriage was solemnized.

Delhi has multiple family courts, such as those in Tis Hazari, Saket, Dwarka, Karkardooma, Patiala House, and Rohini.

⚖️ Legal Provisions Governing Mutual Divorce

Section 13B, Hindu Marriage Act, 1955 – for Hindus, Jains, Sikhs, Buddhists.

Section 28, Special Marriage Act, 1954 – for inter-religious or court marriages.

Dissolution of Muslim Marriage Act, Indian Divorce Act – for other personal laws.

📜 Eligibility Criteria for Filing Mutual Divorce

Husband and wife have lived separately for at least 1 year.

Both agree that the marriage has irretrievably broken down.

There is mutual consent to end the marriage.

All matrimonial issues (custody, alimony, etc.) are resolved by both parties.

🧾 Required Documents for Mutual Divorce in Delhi

Marriage certificate

Address proof of both parties

Passport-size photos of both spouses

Proof of separate living (rent agreement, bills, etc.)

Joint agreement for custody, alimony, and property (if any)

Income and asset documents (if alimony involved)

ID proofs: Aadhaar card, PAN card, etc.

📝 Step-by-Step Procedure to File Mutual Divorce in Delhi

🔹 Step 1: Consult a Family Advocate
Engage an experienced mutual divorce lawyer in Delhi to draft the joint petition and guide you through the process.

Step 2: Draft and File First Motion Petition
File a joint First Motion Petition under Section 13B(1) with mutual consent, including terms of settlement.

🔹 Step 3: First Motion Hearing
Both parties appear in Family Court before the judge, affirm the consent, and give voluntary statements. The court may refer for mediation.

🔹 Step 4: Cooling-off Period
There is a 6-month mandatory waiting period (which can be waived by the court in some cases). This gives time for reconciliation.

🔹 Step 5: File Second Motion Petition
After 6 months (or earlier if waived), both parties reappear in court to confirm the intent to divorce.

🔹 Step 6: Final Hearing and Decree
If satisfied, the judge grants a decree of divorce under Section 13B(2), legally dissolving the marriage.

⏱️ Time Required for Mutual Divorce in Delhi

Average duration: 6 to 12 months, if cooling-off period is waived then it will complete in one to two months.

💰 Cost of Mutual Divorce in Delhi

Legal fees: depends on complexity and advocate’s experience

🔍 Can the 6-Month Cooling Period Be Waived?

Yes, as per the Supreme Court’s judgment in Amardeep Singh v. Harveen Kaur (2017), the 6-month period can be waived if:

All issues are amicably resolved,

Waiting will only prolong suffering,

There is no possibility of reconciliation.

Your advocate must file an application for waiver and justify the urgency.

👨‍👩‍👧 What About Child Custody and Alimony?

Child custody: Decided mutually and recorded in the settlement agreement.

Alimony/maintenance: One-time lump sum or monthly, as agreed between parties.

The court ensures the terms are fair and voluntary.

🧑‍⚖️ Why Hire a Mutual Divorce Advocate in Delhi?

An experienced mutual divorce advocate in Delhi helps with:

Drafting accurate, legally valid petitions.

Ensuring court procedure is followed.

Filing waiver applications if needed.

Protecting your rights during settlement.

🔚 Final Thoughts

Filing for mutual divorce in Delhi is a legally smooth and emotionally less burdensome process when handled professionally. With mutual understanding, clarity on rights and responsibilities, and proper legal support, couples can respectfully part ways and start a new chapter in life.

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❓ FAQs on Mutual Divorce in Delhi

1. What is the minimum time required to get 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.

2. 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.

3. 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.

4. 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.

5. 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

6. 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)

7. 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.

8. 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.

9. 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.

10. 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.