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The core mutual divorce documents in Delhi are the marriage proof, ID and address proof of both spouses, proof of living separately for at least one year, a signed settlement on alimony, custody and belongings, and the joint petition with affidavits under Section 13B of the Hindu Marriage Act. Missing any one of these is the most common reason a first motion gets adjourned.
Below is the full checklist, stage by stage, with Delhi family court practice points.
Key takeaways
- Mutual divorce needs one year of separation and free consent of both spouses (Section 13B HMA; Section 28 Special Marriage Act).
- The heart of the file is the settlement agreement: alimony, child custody, streedhan and withdrawal of other cases.
- Both spouses sign the joint petition and file separate affidavits.
- The second motion is filed after six months, which can be waived in suitable cases.
- Keep originals ready. Delhi family courts usually verify ID and marriage proof at the first motion.
In this guide
Who can file for mutual divorce
Under Section 13B of the Hindu Marriage Act, 1955, a husband and wife can jointly seek divorce if they have lived separately for one year or more, cannot live together, and have agreed to end the marriage. The same rule applies under Section 28 of the Special Marriage Act, 1954. Christian couples apply under Section 10A of the Divorce Act, 1869, which requires two years of separation.
“Living separately” does not always mean different houses. It means the spouses have not lived as husband and wife. Even so, documents showing separate addresses make the court’s job easier.
Mutual divorce documents in Delhi: the checklist
| Document | Who provides | Notes |
|---|---|---|
| Marriage certificate or wedding card | Either spouse | Wedding card plus photos is accepted if the marriage was not registered |
| 2 to 4 wedding photographs | Either spouse | Showing both spouses, ideally the ceremony |
| Aadhaar, PAN or passport | Both | Originals for identification in court |
| Current address proof | Both | Shows separate residence and court jurisdiction |
| Proof of separation (rent agreement, utility bill, letters) | Both | Supports one year of separate living |
| Settlement agreement / mediation settlement | Both | Signed by both, on stamp paper or through a Delhi mediation centre |
| Income proof (salary slips, ITRs) | Both | Needed when alimony is fixed |
| Details of children and custody terms | Both | Birth certificates and agreed visitation |
| List of streedhan and articles returned | Both | Avoids later disputes |
| Passport-size photographs | Both | 4 to 6 each |
| Vakalatnama and court fee | Both | One or two advocates may appear |
NRI spouses can sign a special power of attorney attested at the Indian embassy and may be allowed to appear by video conference. Ask in advance, as the court decides this case by case.
What the settlement agreement must cover
- Permanent alimony: total amount, instalments, and how much is paid at the first and second motion.
- Child custody: who has custody, visitation days, holidays, video calls and school expenses.
- Streedhan and belongings: what has been returned and what remains.
- Property: joint flats, loans, joint accounts and insurance.
- Withdrawal of other cases: maintenance, domestic violence, Section 85 BNS FIR and civil cases, with a timeline.
- Final settlement clause: no further claims by either side.
Delhi practice note: when an FIR is pending, couples usually file for its quashing in the Delhi High Court around the second motion. See our guide on the FIR quashing process in Delhi High Court.
Documents for the first motion
- Joint petition under Section 13B(1) HMA, signed by both spouses.
- Separate affidavits of the husband and wife confirming the facts and free consent.
- Settlement agreement attached as an annexure.
- ID proofs, address proofs, marriage proof and photographs.
- Vakalatnama, court fee and memo of parties.
On the first motion date, both spouses appear before the Principal Judge or Judge, Family Court. The court records statements and, if satisfied, passes an order on the first motion.
Documents for the second motion
The second motion under Section 13B(2) can be moved six months after the first, and within 18 months. It needs:
- Application for the second motion.
- Fresh affidavits of both spouses confirming they still consent.
- Proof of payment of the alimony instalment due before the decree.
- Copy of the first motion order.
In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held the six-month wait can be waived if the parties have been separated over 18 months, mediation has failed, and all issues are settled. An application for waiver needs its own affidavit giving these reasons.
Costs, court fees and stamp paper
The court fee for a mutual divorce petition in Delhi is nominal. The main costs are advocate fees, notary and stamp paper for affidavits and the settlement agreement, and certified copies of the decree. If the couple settles through a court-annexed mediation centre in Delhi, the mediation itself is free.
Keep two full sets of your mutual divorce documents in Delhi: one for filing and one to carry to each hearing with originals. Lost originals are a common reason for adjournments.
Documents if the marriage was abroad or under another law
If the marriage was registered abroad, file the foreign marriage certificate with an attested translation if it is not in English. For a court marriage under the Special Marriage Act, file the certificate issued by the Marriage Officer. The petition is then filed under Section 28 of that Act.
Where to file in Delhi
Under Section 19 HMA, the petition is filed in the family court where the marriage was solemnised, where the spouses last lived together, or where the respondent lives. Delhi has family courts in every district complex: Rohini, Tis Hazari, Karkardooma, Saket, Dwarka, Patiala House and Rouse Avenue.
| Stage | Typical time |
|---|---|
| Drafting and settlement | 1 to 4 weeks |
| First motion | Listed within a few weeks of filing |
| Cooling-off period | 6 months (can be waived) |
| Second motion and decree | Usually on the same day or next date |
Common gaps that delay a mutual divorce
- Settlement terms that are vague on payment dates or custody.
- No proof of the address used to claim court jurisdiction.
- One spouse missing on the first motion date without permission.
- Pending cases not mentioned in the petition.
- Name spellings that differ across documents. Add an affidavit if they do.
How a mutual divorce lawyer in Delhi helps
A mutual divorce lawyer in Delhi drafts a settlement that leaves no loose ends, files in the right family court, and plans the waiver application and quashing of other cases together. If the divorce is contested, see our guide to the divorce process in Delhi.
Where children are involved, our guide on child custody law in Delhi explains how courts view custody terms. For advice specific to your situation, you may consult a qualified advocate.
Frequently asked questions
What documents are required for mutual divorce in Delhi?
You need marriage proof, wedding photos, ID and address proof of both spouses, proof of separate living for one year, a signed settlement on alimony, custody and belongings, income proof, children’s details, passport-size photos, vakalatnamas, the joint petition and separate affidavits of both spouses.
Is a marriage certificate compulsory for mutual divorce?
No. If the marriage was not registered, Delhi family courts usually accept the wedding card, wedding photographs and the affidavits of both spouses as proof of marriage. If a certificate exists, it should be filed, and both spouses should carry originals of all documents for identification.
Can the six-month waiting period be waived in Delhi?
Yes. Following Amardeep Singh v. Harveen Kaur (2017), a family court can waive the six-month period if the spouses have lived apart for over 18 months, mediation has failed, and all issues like alimony and custody are settled. The waiver is filed as a separate application with affidavits.
Do both spouses need to be present in court?
Generally yes, at the first and second motion, so the judge can confirm free consent. Delhi family courts may allow a spouse living abroad to appear by video conference or through a power of attorney holder, but this needs the court’s permission and should be requested in advance.
How long does mutual divorce take in Delhi?
Usually about six to seven months from filing, because of the six-month cooling-off period between the two motions. If the court waives that period, the decree can be granted within a few weeks of the first motion. Delays mostly come from incomplete settlements or missing documents.
Can one spouse withdraw consent before the second motion?
Yes. Consent must exist at both motions. Either spouse can withdraw before the decree, and the court will then not grant mutual divorce. However, a spouse who withdraws after taking benefits under the settlement may face consequences, so settlement terms often tie payments to the second motion.
This guide was prepared with reference to Sections 13B, 14 and 19 of the Hindu Marriage Act, 1955, Section 28 of the Special Marriage Act, 1954 (available on India Code) and the Supreme Court rulings cited above. Check current family court practice before filing.
Related guides and services
- Mutual Divorce Lawyer in Delhi
- Divorce Lawyer in Delhi
- Child Custody Lawyer in Delhi
- Divorce process in Delhi
- Child custody law 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.
