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In this guide
A mutual consent divorce in Delhi usually takes about six to eight months from filing, because the law requires two court motions separated by a six-month gap. That gap can be waived by the Family Court in suitable cases. This guide explains the steps, the timeline, the waiver rules and the mistakes that delay a joint petition.
Key takeaways
- Mutual consent divorce is filed jointly under Section 13B of the Hindu Marriage Act, 1955 (or Section 28 of the Special Marriage Act, 1954).
- You must have lived separately for at least one year before filing the petition.
- There are two motions, with a statutory gap of six months. The court may waive the gap on a proper application.
- Both spouses must continue to consent until the decree is passed. Either can withdraw before the second motion.
- Settle alimony, stridhan, custody and property in writing before the first motion.
What is mutual consent divorce?
In a mutual consent divorce, both spouses jointly tell the court that the marriage has broken down and that they have agreed on all terms of separation. Because nothing is contested, it is generally faster and cheaper than a contested divorce. See our overview of the divorce process in Delhi for how it compares.
The petition is filed under Section 13B of the Hindu Marriage Act, 1955 for Hindus, Sikhs, Jains and Buddhists, and under Section 28 of the Special Marriage Act, 1954 for civil or inter-faith marriages.
Eligibility: who can file
- The spouses have been living separately for one year or more before the petition is filed.
- They have not been able to live together and have mutually agreed that the marriage should be dissolved.
- Ordinarily, one year must have passed since the date of marriage (Section 14 HMA), unless the court allows an earlier petition for exceptional hardship.
- Both spouses must be of sound mind and give consent freely, without force, fraud or undue influence.
Step-by-step procedure
- Settlement. Agree on alimony or maintenance, return of stridhan and dowry articles, child custody and visitation, and any property or loan issues. Record these in a written settlement or memorandum.
- Draft the joint petition. Your advocate prepares the petition under Section 13B(1) with supporting affidavits. Financial disclosure affidavits are commonly filed, in line with the Supreme Court’s directions in Rajnesh v. Neha (2020).
- File in the right Family Court. File where the marriage was solemnised, where you last lived together, or, in many cases, where the wife currently resides. Delhi has Family Courts at Tis Hazari, Rohini, Dwarka, Saket, Karkardooma and Patiala House.
- First motion. Both spouses appear, the court examines the petition and records their statements. The court may refer you for mediation or counselling. If satisfied, it passes the first motion order.
- Cooling-off period. The law provides a minimum gap of six months before the second motion. The petition lapses if the second motion is not moved within 18 months.
- Second motion. After the gap, both spouses appear again and reconfirm their consent. The court records statements and may ask about compliance with settlement terms.
- Decree of divorce. If the court is satisfied that the consent is genuine and the terms are complied with, it passes the decree. Ask for a certified copy for name-change, passport and remarriage purposes.
How long does it take?
| Stage | Typical time |
|---|---|
| Drafting and settlement | 1–4 weeks, depending on how quickly terms are agreed |
| Filing to first motion | 2–6 weeks, subject to the court’s listing |
| Cooling-off period | 6 months, unless waived |
| Second motion to decree | 1–4 weeks |
| Overall | About 6–8 months, or sooner with a waiver |
These are rough estimates. Actual time depends on the court’s workload, the completeness of documents and whether both spouses appear on the fixed dates.
Waiver of the six-month cooling-off period
The six-month gap is not meant to be mechanical. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the period is directory, not mandatory, and that a Family Court may waive it in appropriate cases. The Court suggested conditions such as: the statutory separation period has already run, efforts at mediation have failed, the parties have settled all issues including alimony and custody, and waiting further would only prolong their distress.
In Amit Kumar v. Suman Beniwal (2021), the Court said these conditions are guidelines to be weighed on the facts, and that the possibility of reconciliation is central. Later, in Shilpa Sailesh v. Varun Sreenivasan (2023), a Constitution Bench held that the Supreme Court can dissolve a marriage directly under Article 142 where it has irretrievably broken down, but that this power is to be used with care.
To seek a waiver, your advocate files an application with the first motion explaining the length of separation, the settlement reached and why the six-month wait serves no purpose. See also our checklist of mutual divorce documents in Delhi.
Can a spouse withdraw consent?
Yes. The consent must exist at the time of the first motion and continue until the decree is passed. If one spouse withdraws before the second motion, the court cannot grant a divorce on mutual consent, and the other spouse may need to file a contested petition. This is why a clear written settlement and genuine agreement matter from the start.
Settlement terms to finalise
| Issue | What to record |
|---|---|
| Alimony or maintenance | One-time settlement or periodic payment, with dates and mode |
| Stridhan and dowry articles | List of items and how and when they will be returned |
| Child custody | Custody, visitation schedule and child’s expenses. See child custody law in Delhi |
| Property and loans | Joint property, joint loans and any transfer |
| Pending cases | Withdrawal or quashing of cross-cases, if agreed |
If a criminal case such as a 498A complaint is pending, speak to your advocate about how it will be closed. Settlement-linked quashing, where appropriate, is done by the High Court.
Common mistakes that delay a mutual divorce
- Filing before the one-year separation period is complete.
- Leaving alimony or custody terms vague.
- Missing a hearing, which can delay the second motion.
- Incomplete or inconsistent affidavits.
- Starting before both spouses are fully ready to proceed.
How a lawyer helps
An experienced advocate can draft the petition and settlement, apply for a waiver where it is justified and keep the case on schedule. If you want help, see our page on a mutual divorce lawyer in Delhi or a divorce lawyer at Rohini Court.
Frequently asked questions
How long does a mutual consent divorce take in Delhi?
Usually about six to eight months from the first motion, because the law provides a six-month gap before the second motion. If the Family Court waives the gap in your case, it can be completed sooner. Delays often arise from incomplete documents or missed hearings.
Can the six-month waiting period be waived in Delhi?
Yes, in suitable cases. The Supreme Court has held that the period is directory, not mandatory. You must file an application showing that you have lived apart, settled all issues and that waiting would serve no purpose. The Family Court decides on the facts.
Do both spouses have to appear in court?
Generally yes, at both motions, because the court records each spouse’s statement. In genuine cases, such as a spouse living abroad, the court may permit appearance through video conferencing or a power of attorney holder, subject to its directions.
What if one spouse changes their mind?
Consent must continue until the decree. If a spouse withdraws before the second motion, the court cannot pass a mutual consent decree. The other spouse may then have to pursue a contested divorce on available grounds.
Is one year of separation compulsory?
Yes, ordinarily. Section 13B requires that the spouses have lived separately for at least one year before the petition is presented. This is separate from the cooling-off period between motions. Courts treat it seriously, so plan the filing date accordingly.
Can I remarry immediately after the first motion?
No. You remain married until the court passes the final decree after the second motion. Once you obtain the decree, you may remarry, subject to any limitation or appeal rules your advocate will explain.
Conclusion
A mutual consent divorce in Delhi is the quickest lawful route when both spouses agree on all terms. Plan the settlement carefully, file after the one-year separation and ask your advocate about a waiver if the facts justify it. For advice specific to your situation, you may consult a qualified advocate.
Related guides and services
- Mutual Divorce Lawyer in Delhi
- Divorce Lawyer in Delhi
- Divorce Lawyer at Rohini Court
- Mutual divorce documents in Delhi
- Cost of divorce in Delhi
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 and the SRLM Law Associates team can be reached at +91 92052 74745 or [email protected]. 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.
This article is for general information only and is not legal advice.
