Introduction
Marriage is a sacred bond, but sometimes couples decide to part ways peacefully. A mutual divorce allows both partners to end their marriage without blame or long court battles. In Delhi, the mutual divorce process is simple if both spouses agree on all terms — like property division, child custody, and alimony. This guide explains the complete mutual divorce process in Delhi, required documents, and the court timeline.
What Is Mutual Divorce?
A mutual consent divorce means both husband and wife agree to end the marriage together. It falls under Section 13B of the Hindu Marriage Act, 1955. The couple must prove that they have lived separately for at least one year and are unable to live together anymore. Unlike contested divorce, this type of divorce saves both time and emotional stress.
Documents Required for Mutual Divorce in Delhi
To start the mutual divorce process, both parties need to submit a few key documents. These include:
Marriage certificate
Address proof of both husband and wife
Photographs of the marriage
Proof of separate living (like rent agreement or bills)
Details of children (if any)
Income and property details
Agreement on alimony and custody
Pro Tip: Always attach a properly signed mutual divorce petition draft prepared by a lawyer before submitting it to the family court.
Step-by-Step Process for Mutual Divorce in Delhi
Step 1: File the First Motion
The husband and wife together file a joint divorce petition at the Family Court in Delhi. Both need to appear before the judge to confirm that they agree to end the marriage mutually.
Step 2: Cooling-Off Period
After the first motion, the court gives a 6-month cooling-off period. This time allows the couple to reconsider their decision and make sure they still wish to separate.
Step 3: File the Second Motion
After six months (and within 18 months), both partners appear again to confirm their decision. If both still agree, they file the second motion.
Step 4: Final Divorce Decree
The family court reviews the statements and documents. Once satisfied, the court grants a divorce decree, legally ending the marriage.
Timeline for Mutual Divorce in Delhi
Normally, a mutual divorce takes 6 to 12 months to complete. The duration depends on how quickly both parties agree and attend court hearings. In some cases, the cooling-off period may even be waived by the court if both partners request it.
Benefits of Mutual Divorce
Faster and less expensive than contested divorce
Maintains respect and dignity between both partners
Saves time and emotional energy
No need for long witness hearings
Why You Need a Divorce Lawyer in Delhi
A good divorce lawyer in Delhi can make the process smooth and error-free. Lawyers help with:
Drafting and filing the petition
Handling court appearances
Ensuring all legal rights are protected
Helping negotiate terms for custody or alimony
If you want professional guidance, our experienced family lawyers in Delhi can assist you at every step.
Conclusion
Filing for mutual divorce in Delhi is easier than most people think. With the right legal help and clear communication, both partners can complete the process peacefully and move forward.
If you’re looking for expert legal advice, contact our family court lawyers in Delhi today for step-by-step support.