Court Marriage Delhi
Rohini · Tis Hazari · Advocate-Led
Mutual consent divorce ke complete steps. 6-18 mahine ka process, kya documents, kitni fees, kab pehli motion, kab dusri motion, alimony & child custody — Delhi family court ka expert guide.
Mutual Divorce (Mutual Consent Divorce) is a legal process in which both partners decide to end their marriage by mutual agreement. It is significantly faster and less stressful than a contested divorce. Section 13B of the Hindu Marriage Act, 1955 applies to Hindu couples, while Section 28 of the Special Marriage Act, 1954 applies to civil and inter-religion couples.
In Delhi, mutual divorces are filed in the Family Courts — Karkardooma, Rohini, Saket, Patiala House, or Tis Hazari Family Courts. The petition is filed jointly by the couple.
A mutual divorce involves 2 main court appearances — the first motion and the second (final) motion. In between, there is a mandatory 6-month cooling-off period.
Through their advocate, the couple files a joint petition in the Family Court. The petition contains the following declarations:
At the first appearance, the couple's statements are recorded before the court. The court accepts the application and the 6-month cooling-off period begins.
This period is legally mandatory (a waiver is possible in some cases — Supreme Court ruling in Amardeep Singh v. Harveen Kaur, 2017). During this period:
After 6 months, the couple returns to the court. Final statements are recorded. The court satisfies itself that the decision is firm and reconciliation is not possible. The Divorce Decree is then issued — it is final and becomes enforceable after the 30-day appeal period.
The Supreme Court (Amardeep Singh v. Harveen Kaur, 2017) ruled that the cooling-off period can be waived if:
In such cases, motion 1 and motion 2 can take place on the same day or within weeks — reducing total time by 3 to 4 months.
Note: A mutual divorce is much cheaper than a contested divorce (which can run to ₹1–3 lakh or more). For an exact quote, call 9891343962.
In a mutual divorce, the alimony amount is decided jointly by the couple and is clearly mentioned in the settlement agreement. Key factors include:
Forms include lump-sum payment, monthly maintenance, or property transfer. The court usually accepts the couple's mutual agreement unless it is found to be unfair.
Child custody is a critical part of the settlement agreement. The main forms are:
The court applies the "best interest of the child" principle. Important factors include:
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Our Recommendation: If reconciliation is not possible, mutual divorce is the best route. We are also experts at converting contested divorces into mutual divorces through mediation.
You can remarry 30 to 90 days after the final divorce decree (once the appeal period is over). Our court marriage service is available for second marriages.
Yes — divorces from a marriage registered under the Special Marriage Act, 1954 fall under Section 28 of the SMA. The process is largely similar, although the applicable law is different.
Yes — through a power of attorney or video conferencing. NRI mutual divorces are particularly common, and we handle the entire process for you.
It is clearly set out in the settlement agreement — which property belongs to which spouse, what is joint, and what is to be divided. The court accepts the agreement unless it is unfair.
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