Mutual Divorce Lawyer in Delhi

Mutual consent divorce is usually the quickest and least stressful way to end a marriage, provided the settlement is drafted properly. As a mutual divorce lawyer in Delhi, Advocate Shubham Mehta drafts settlement terms, files the joint petition under Section 13B of the Hindu Marriage Act or Section 28 of the Special Marriage Act, applies for waiver of the waiting period where eligible, and helps close pending cases between the parties.

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Key takeaways

Both spouses must have lived separately for at least one year and agree to dissolve the marriage.
The second motion can be moved after six months and within eighteen months of the first motion.
The six-month period can be waived by the Family Court in suitable cases (Amardeep Singh v. Harveen Kaur, 2017).
A clear written settlement on alimony, custody, istridhan and pending cases avoids later disputes.

What the settlement should cover

Issue	Points to settle
Alimony	Lump-sum or instalments, and the schedule linked to the first and second motions
Istridhan and articles	List of jewellery, gifts and articles to be returned
Child custody	Custody, visitation, schooling and child maintenance
Property	Jointly owned property, loans and rent
Pending cases	Withdrawal of maintenance, DV, divorce and criminal cases, and joint quashing of FIRs
Future claims	Mutual undertakings not to file further claims

Mutual divorce process in Delhi

Settlement — terms recorded in writing, often through court-annexed mediation.
First motion — joint petition filed in the Family Court; statements recorded.
Waiting period — six months, or an application for waiver.
Second motion — both parties confirm consent.
Decree — the court passes the decree of divorce; certified copy obtained.

Documents required

Marriage certificate, wedding invitation or photographs.
Identity and address proof of both spouses.
Evidence of separation, where available.
Settlement agreement or mediation report.
Details of any pending cases between the parties.

If the other spouse does not agree, see our Divorce Lawyer in Delhi page for contested divorce.

Working with a mutual divorce lawyer in Delhi: what to expect

Your matter is reviewed by Advocate Shubham Mehta, who explains the legal position, the realistic options and the likely timeline in plain language before any step is taken. Choosing a mutual divorce lawyer in Delhi who practises regularly before the court that will hear your case helps you understand how that court approaches similar matters.

A clear explanation of your legal position and recommended next steps.
Drafts shared with you for review before anything is filed.
Hearing dates, updates and copies of orders communicated promptly.
Confidential handling of your documents and information.

Legal fees and costs

Fees depend on the nature and stage of the matter, the court or forum, the volume of documents and the number of hearings expected. The fee structure is explained in writing at the start of the engagement. Apart from professional fees, mutual divorce involves modest Family Court fees, charges for certified copies of the decree, and costs of stamp paper for the settlement agreement where required.

Areas we serve in Delhi

Our chamber inside the Rohini Court complex and our office at Kayan Vihar are convenient for clients in Rohini, Pitampura, Shalimar Bagh, Ashok Vihar, Prashant Vihar, Model Town, Paschim Vihar, Narela, Bawana and nearby areas of North and North-West Delhi. We also act for clients from across Delhi NCR and, by phone or video consultation, for clients outside Delhi who need a mutual divorce lawyer in Delhi.

Useful official resources

India Code — official texts of central Acts, including the BNS, BNSS and BSA
Delhi State Legal Services Authority — mediation and free legal aid
eCourts Services — case status and orders of Delhi District Courts

Frequently asked questions

How long does a mutual divorce take in Delhi?

Usually six to eighteen months from the first motion. If the court waives the six-month period, the divorce can be completed in a few weeks after the first motion. Delays usually come from incomplete settlements or listing dates.

Can the six-month waiting period be waived?

Yes. The Family Court may waive it if the parties have been separated for at least eighteen months before the first motion, mediation has failed, all issues including alimony and custody are settled, and waiting would only prolong their agony.

Can one spouse withdraw consent before the second motion?

Yes. Consent must exist at the time of the second motion, and either spouse may withdraw it before the decree (Sureshta Devi v. Om Prakash, 1991). This is why alimony is often paid in instalments linked to the second motion.

Do both spouses have to be present in court?

Both parties normally appear at the first and second motions. Delhi Family Courts may allow appearance by video conferencing for a party living abroad or in another city, subject to the court’s permission.

Where can we file a mutual divorce in Delhi?

In the Family Court where the marriage was solemnised, where the parties last lived together, or where the wife resides at the time of filing, under Section 19 of the Hindu Marriage Act.

Is alimony taxable?

A lump-sum alimony is generally treated as a capital receipt and not taxed, while periodic payments may be treated differently. Tax treatment depends on the facts, so it is best to confirm with a tax adviser before finalising the settlement.

What happens to criminal cases after mutual divorce?

If the settlement provides for it, the parties jointly approach the Delhi High Court to quash any FIR under Section 85 BNS (old 498A IPC) and related sections. Other pending cases are withdrawn as agreed in the settlement.

Related services

Legal guides: What to do after getting an FIR in Delhi · How to file a civil suit in Delhi District Courts · All legal guides

Advocate Shubham Mehta, mutual divorce lawyer in Delhi, SRLM Law Associates

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

Speak to SRLM Law Associates

For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta (Bar Council of Delhi, Enrl. No. D/6398/2021) and the SRLM Law Associates team can be reached at +91 99997 91419 or srlmlawassociates@gmail.com. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.