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MUTUAL DIVORCE
How to Get/ File Mutual Divorce in Delhi
A Mutual Divorce is a legal process where both spouses mutually agree to end their marriage without contesting terms like alimony, child custody, or property division. In Delhi, this process is governed by Mutual Divorce Section 13B of the Hindu Marriage Act 1955 (applicable to Hindus, Buddhists, Jains, and Sikhs) or corresponding provisions under other personal laws (e.g., the Special Marriage Act, 1954). Below is a step-by-step guide to filing a Mutual Divorce in Delhi.
Key Steps to File Mutual Divorce / Mutual Divorce Process
1.Eligibility for Mutual Divorce / Mutual Consent Divorce
The couple must be living separately for at least 1 year before filing.
Both parties must mutually consent to the divorce / Mutual Divorce.
All disputes (maintenance, custody, property) must be settled amicably.
2. Drafting the Mutual Divorce Petition /Mutual Consent Divorce
Hire a lawyer to draft the Mutual Divorce Petition under Mutual Divorce Section 13B.
Include terms like alimony, child custody (if applicable), and division of assets.
Both spouses must sign the petition of Mutual Divorce.
3.Filing the Petition of Mutual Divorce /Mutual Consent Divorce
Submit the petition to the Family Court in the district where either spouse resides.
Attach required documents (see list below).
Pay court fees (varies by case but typically ₹15,000-20,000 per motion).
4.First Motion Hearing of Mutual Divorce /Mutual Consent Divorce
The court reviews the petition and records statements from both parties for Mutual Divorce.
A 6-month cooling-off period is mandatory to allow reconciliation and after the judgement of Supreme Court of India ( Amardeep Singh vs Harveen Kaur on 12 September, 2017) in Mutual Divorce in Delhi.But Supreme Court Judgement allow to waive-off the cooling period
5.Second Motion Hearing of Mutual Divorce/ Mutual Consent Divorce
After 6 months (minimum), both spouses reappear to confirm their consent for Mutual Divorce in Delhi.
The court grants the Divorce Decree, legally ending the marriage.
6.Documents Required For Mutual Divorce /Mutual Consent Divorce
Marriage certificate.
Proof of residence (Aadhaar, voter ID, or utility bills).
4–6 passport-sized photographs.
Evidence of living separately for 1 year (rent agreements, bank statements).
Affidavits from both spouses.
Settlement agreement (if prepared).
First Motion: 1–2 weeks to file and get a hearing date.
Cooling Period: Mandatory 6 months (can be waived by the court in exceptional cases).
Second Motion: Final decree within 1–2 months post-cooling period.
Total time: 6–18 months, depending on court backlog.
7.Key Considerations for Mutual Divorce /Mutual Consent Divorce
Withdrawal of Consent: If either spouse withdraws consent during the cooling period, the Mutual Divorce is dismissed.
Mediation: Courts may refer couples to mediation for unresolved disputes.
Legal Assistance: Hire a lawyer to ensure compliance with Delhi’s family court procedures.
Conclusion
Filing a Mutual Divorce in Delhi requires cooperation, proper documentation, and adherence to court timelines. Consult a family lawyer to navigate the process smoothly and ensure all legal formalities are met. By choosing Mutual Divorce, couples can part ways amicably and transition to the next phase of life with minimal conflict.