Best Mutual Consent Divorce Lawyer in Delhi

When both spouses agree to part, mutual consent divorce is the fastest and least painful route. We draft the settlement, file the joint petition and seek waiver of the waiting period where the law allows.

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In short

Under section 13B of the Hindu Marriage Act, a couple who have lived separately for at least one year can file a joint petition for divorce by mutual consent. The second motion is normally made at least six months after the first; the family court can waive that wait where all issues are settled and the conditions in Amardeep Singh v Harveen Kaur (2017) are met. Parties living abroad may be allowed to appear by video conferencing.

What we handle

  • Joint petitions under section 13B of the Hindu Marriage Act
  • Mutual divorce under the Special Marriage Act and other personal laws
  • Settlement deeds covering alimony, stridhan and custody
  • Applications to waive the six-month cooling-off period
  • Appearance by video conferencing for NRIs
  • Quashing or withdrawal of pending cases as part of the settlement

From our office in Pitampura we act for clients across Delhi — North, North-West, West, Central, East and South Delhi — and for NRIs with matters in the city.

A mutual consent divorce is a joint application by both spouses. After the first motion, the court records their statements and the case is adjourned. At the second motion, the spouses confirm that they still consent, and the court grants the decree. When the settlement is complete, the whole process can be much shorter than a contested divorce.

The settlement is the heart of the case

The court asks whether the terms are settled, and the settlement is what keeps the peace afterwards. It should cover permanent alimony and how and when it is paid, the return of stridhan and personal belongings, custody and visitation of children, and the withdrawal or quashing of every pending case between the parties, including any criminal complaints. We draft the settlement so that payments are tied to the stages of the divorce, protecting both sides.

Waiving the waiting period

Normally six months must pass between the first and second motions. Where the parties have already been separated long enough and have settled everything, we apply for waiver of the waiting period under the principles in Amardeep Singh. The court decides each application on its facts.

After the decree

Once the decree is granted, we make sure the remaining settlement steps are completed — the final payment, the return of documents, and the closure of any quashing petition or withdrawal of complaints. We also advise on updating records, passports and property documents after the divorce.

Why JPL Legal

How we handle your matter

Settlement drafted to last

A clear settlement prevents disputes after the divorce. We cover alimony, belongings, custody, visitation and the withdrawal of every case.

Faster where the law allows

Where the settlement is complete, we apply for waiver of the waiting period so that the divorce is not delayed unnecessarily.

Discreet and respectful

We handle the matter quietly, keep both parties informed of each step, and avoid unnecessary conflict.

Questions

Mutual Consent Divorce, Delhi: common questions

What are the requirements for mutual consent divorce?

The spouses must have lived separately for at least one year, must be unable to live together, and must have mutually agreed that the marriage should be dissolved. They file a joint petition and appear for two motions.

Can the six-month waiting period be waived?

Yes. In Amardeep Singh v Harveen Kaur (2017), the Supreme Court held that the family court can waive it where the one-year separation and the waiting period together have already passed, all issues including alimony and custody are settled, and there is no chance of reconciliation.

Can one spouse withdraw consent?

Yes. Consent must continue until the second motion. If either spouse withdraws before the decree, the court cannot grant a mutual consent divorce, as held in Sureshta Devi (1991). A well-drafted settlement reduces that risk.

I live abroad. Do I need to come to Delhi?

Not necessarily. Courts can allow parties to appear by video conferencing, and some steps can be handled through a representative. Your physical presence may still be needed in some cases, so we check with the court's practice before you plan travel.

What documents are needed?

Proof of marriage such as the marriage certificate or wedding photographs, address proof for both parties, proof of separate residence, recent photographs, and the settlement terms. We prepare the petition and affidavits.

What about divorce by mutual consent for non-Hindus?

Couples married under the Special Marriage Act can seek mutual divorce under section 28, on similar terms. Christian couples can file under section 10A of the Divorce Act, which requires two years of separation.

Talk to us about your matter today

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