In Delhi India, if you have decided to get a divorce and mutually agreed and created an agreement for divorce. Mutual divorce is a streamlined process under Section 13B of the Hindu Marriage Act, 1955, allowing both spouses to dissolve their marriage amicably when they mutually agree that they cannot continue their marital relationship anymore and there is no chance to be together.

Mutual Divorce in Delhi

Here’s a summary of the steps involved in obtaining a mutual divorce in India:

Filing the Joint Petition: Both spouses must file a joint mutual divorce petition in the relevant family court stating that they have mutually decided to end their marriage. The petition must mention that they have lived separately for at least one year and cannot live together. So, before filing a joint petition, you need to ensure that all the relevant facts are mentioned in the petition.

First Motion: The court examines the joint petition and records the couple’s statements, confirming their mutual consent. The court can also ask you about your settlements and agreements.

Cooling-Off Period: After the first motion, a statutory six-month cooling-off period is mandated by law. This period allows the couple to reconsider the divorce decision, if the couple decides to live together then they can withdraw or still they are still on the same decision then they can go ahead. If the couple wants to waive off the cooling off period, in some situations court is satisfied with the circumstances than it may waive off.

Second Motion and Final Hearing: After the six-month cooling period, the couple must appear in court again for the second motion. At this hearing, the court again verifies mutual consent and may inquire about any last-minute reconciliation attempts.
If both parties still wish to proceed with the divorce, the court may waive any remaining time if the circumstances justify it.

Grant of Divorce Decree: After confirming that all conditions are met and both parties still consent, the court issues a divorce decree, legally ending the marriage.

Documents Required for Filling Mutual Divorce in Delhi

Marriage certificate, joint statements affirming mutual consent, proof of separation duration, identity/address proofs, Passport size Photographs, and Marriage Photos. If you have child so what is your agreement, property and assets agreement.

Recent Updates
The Supreme Court of India has provided some flexibility to reduce or waive the cooling-off period under certain conditions, such as prolonged separation or other factors that demonstrate the couple’s firm decision​
For more detailed guidance, consult local court legal professionals specializing in family law.