Mutual consent divorce lawyer in Delhi

Mutual consent divorce-

 procedure for filing mutual consent divorce with a waiver of the 6-month cooling-off period in Delhi (under Hindu Marriage Act, 1955):

1.Preconditions for Mutual Consent Divorce

Both spouses must

Be married for at least 1 year

Have mutually agreed to dissolve the marriage

Be living separately for at least 1 year

Be unable to live together and believe reconciliation is not possible

2.Documents Required

Prepare the following:

Marriage certificate

Address proof of both parties

ID proof (Aadhaar/PAN/Voter ID)

Passport-size photos

Proof of separation (if available)

Settlement/MOU – outlining:

Alimony (if any)

Custody of children (if applicable)

Property division

Return of stridhan, etc.

3.Drafting and Filing the First Motion Petition

File a Joint Petition (First Motion) under Section 13B(1) of the Hindu Marriage Act before the Family Court in Delhi.

Both parties must appear before the judge.

The court records their statements.

4.Cooling-off Period (6 Months)

Legally, there's a 6-month waiting period (Section 13B(2)) after First Motion to allow reconciliation.

5.Filing an Application for Waiver of Cooling-off Period

Under Supreme Court judgment (Amardeep Singh v. Harveen Kaur, 2017), the 6-month period can be waived if:

Parties have been separated for over 1 year

Attempts at reconciliation have failed. 

There's no likelihood of cohabitation. 

Settlement has been reached. 

Steps:

File a separate waiver application after or along with the First Motion petition.

Mention the reasons and attach supporting documents (e.g., settlement agreement, past litigation, mediation reports, etc.).

Court has discretion to allow the waiver and proceed directly to the Second Motion.

6.Second Motion

If waiver is granted, both parties appear for Second Motion under Section 13B(2).

The court records fresh statements confirming continued consent.

If satisfied, the court grants the final decree of divorce.

Timeframe

Without waiver: Around 6–9 months

With waiver: Can be completed in 1–2 months, depending on court schedule

 Where to File in Delhi

You can file in the Family Court that has jurisdiction:

Where marriage was solemnized, or

Where either spouse last resided together, or

Where the wife is currently residing

E.g., Family Courts in Tis Hazari, Patiala House, Dwarka, Saket, Rohini, Karkardooma

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Advocate Devashish Maharishi | Best divorce case lawyer in karkardooma Court Delhi

+91 85957 22509

Best Divorce lawyer

Best divorce lawyer in karkardooma Court

Best divorce lawyer in East delhi

Best divorce case lawyer in karkardooma Court

Best divorce lawyer in Delhi

Best divorce case lawyer in Delhi

Best divorce lawyer in new delhi

Best divorce lawyer in Tis Hazari Court central Delhi

Best divorce lawyer in saket Court South Delhi

Best divorce lawyer in dwarka Court delhi

Best divorce lawyer in rohini Court

Best divorce lawyer in North Delhi

Mutual consent divorce lawyer

Best mutual divorce lawyer

Maintenance case lawyer

Domestic violence case lawyer

Contested divorce case lawyer in karkardooma Court Delhi

Adultery divorce case lawyer in Delhi India