In short. To get a mutual consent divorce in Delhi, both spouses file a joint petition under section 13B of the Hindu Marriage Act in the family court, after living separately for a year. The court records both statements at the first motion, and after six months (which can be waived) records them again at the second motion and grants the decree. Expect six to eight months.
The law itself is short. What decides whether your mutual divorce goes smoothly is the work done before anything is filed: an agreement that settles money, children, jewellery, property and every pending case, written clearly enough that neither of you can later argue about what it meant. Most mutual divorces that collapse in Delhi collapse in the six months between the two motions, and nearly always over a term that was left vague.
This post walks through the process as it actually runs in the Delhi family courts: where to file, what the settlement must cover, what happens on each date, the papers to carry and the honest time each stage takes. If your spouse has not agreed to a divorce at all, read our guide to contested divorce on grounds of cruelty instead, and for the wider picture of family cases see our page on family and divorce law.
- The law
- Section 13B, Hindu Marriage Act 1955 (section 28, Special Marriage Act 1954)
- Where to file
- Family court of the district with jurisdiction, in the Delhi district court complexes
- Separation before filing
- At least one year living separately (waivable only in exceptional cases)
- Gap between motions
- Not less than 6 and not more than 18 months; the 6 months can be waived
- Who must appear
- Both spouses, in person or by video link with the court's permission
- Usual time in Delhi
- About 6 to 8 months; a few weeks if both waiting periods are waived
How long does a mutual consent divorce take in Delhi?
In most Delhi family courts, a mutual consent divorce takes about six to eight months from filing to decree. The law requires the second motion to be made no earlier than six months after the petition is presented, so six months is the floor unless the court waives it. The extra month or two comes from the time it takes to get the first motion listed, the date the court gives for the second motion, and the occasional adjournment when one side is not ready with a payment or a document.
If both of you have genuinely settled everything and the court is satisfied that waiting would serve no purpose, the six-month gap can be waived, and the decree can come within a few weeks of filing. That is a separate application with its own conditions, which we explain in our post on waiver of the six-month cooling period. Do not plan your life around a waiver until the court has actually granted it.
The other end of the range matters too. If the second motion is not moved within eighteen months of filing, the petition does not survive, and you would have to start again. That rarely happens by accident; it happens when one spouse quietly stops cooperating, which is why the settlement should tie payments and other steps to the second motion.
Who can file for mutual divorce, and under which law?
Section 13B of the Hindu Marriage Act applies to Hindus, Buddhists, Jains and Sikhs married under that Act. Couples married under the Special Marriage Act, including inter-faith couples who registered their marriage before a Marriage Officer, use section 28 of that Act, which works almost the same way: one year of separation, a joint petition, a second motion between six and eighteen months later.
Christian couples use section 10A of the Divorce Act 1869, which requires two years of living separately rather than one. Muslim couples can end a marriage by mutual agreement outside court (mubarat or khula), although many still prefer a written settlement and, where cases are pending, a court record of it. Which law applies depends on how and under which statute you married, not where you live now.
Both spouses must be adults who understand what they are doing and consent freely. The court will ask each of you, separately if needed, whether anyone has pressured you. A consent obtained by threats, by a promise that was never meant to be kept, or while one spouse was unwell is not the free consent the section requires, and a family court judge who senses it will not proceed.
What does living separately for one year actually mean?
Living separately means not living together as husband and wife. It does not have to mean different cities or even different houses. The Supreme Court has explained that the phrase refers to the end of married life, not to the address. Couples who stayed under one roof for financial reasons, with separate rooms and no shared life, can still show a year of separation, though they need to explain it clearly in the petition.
The year is counted up to the date you file the petition. People often get this wrong by counting from the day of the first quarrel, or from a short visit to a parent's house that did not end the marriage at the time. Write down the date the marriage, in substance, ended, and what happened on that day. The court will read the date in the petition against everything else on record.
Can you file before the year is complete? In exceptional cases, yes. In December 2025 a Full Bench of the Delhi High Court held that the one-year period can be waived by applying the proviso to section 14(1) of the Act, which allows a petition within the first year of marriage in cases of exceptional hardship or exceptional depravity. The court was clear that this is not to be granted for the asking. If you are thinking of this route, expect to explain in detail why waiting would cause real hardship.
Which family court in Delhi do you file in?
Section 19 of the Hindu Marriage Act lets a divorce petition be filed where the marriage was solemnised, where the spouses last lived together, or where the respondent lives. Because a wife who is a petitioner can also file where she is living, and in a mutual petition both spouses are petitioners, there is usually a choice. Couples generally pick the court that is easiest for both to attend.
In Delhi, family courts sit in the district court complexes at Saket, Tis Hazari, Karkardooma, Rohini, Dwarka, Patiala House and Rouse Avenue, and the correct complex depends on the police station area of the relevant address. If you lived together in Dwarka, the South West district family court at Dwarka is the natural choice; if the marriage took place in Noida and the wife now lives in Ghaziabad, the Gautam Buddh Nagar or Ghaziabad family courts may also have jurisdiction. Our page on divorce cases in the Delhi family courts sets out how the complexes divide the city.
Filing in the wrong court is not fatal, but the petition will be returned and you lose weeks. Before filing, check the address proof you will attach matches the court you have chosen.
Settle everything before you file
The court does not decide the terms of a mutual divorce. It records what the two of you have agreed and asks each of you to confirm it. So the settlement agreement, often called a memorandum of understanding or settlement deed, is the real document in the case. In Delhi it is usually drawn up either between the advocates or at the court-annexed mediation centre, where the mediator records it and both spouses sign. Our post on mediation in Delhi family courts explains how that works.
When Advocate B.K. Singh reads a draft settlement, the first thing he checks is what happens if one side does not turn up for the second motion. An agreement that says the husband will pay a lump sum but does not say when, how much at each motion, and what happens to the money if the second motion fails, is an invitation to a second dispute. The cleanest structure in practice ties a part of the payment to the first motion and the balance to the day the decree is passed.
Settle the money in one figure that covers everything you intend it to cover: past, present and future maintenance for the wife, and whether it includes or excludes the children. Our post on permanent alimony and one-time settlement looks at how that figure is usually arrived at. Then list the jewellery, gifts and household articles that will be returned, with a date; the guide on recovering stridhan after separation is useful here, because a vague clause about "all articles" is the commonest cause of a quarrel at the second motion.
What a mutual divorce settlement agreement usually covers
Every settlement is different, but these are the terms a Delhi family court will expect to see dealt with, one way or the other.
| Term | What to write | Common mistake |
|---|---|---|
| Alimony or full and final settlement | One amount, the mode of payment (demand draft or bank transfer), and how much is paid at each motion | Leaving the schedule open, or paying the full amount before the first motion |
| Stridhan and articles | A list of items to be returned, by whom, where and by what date, with an acknowledgment of receipt | Writing "all articles" without a list, then fighting over one set of jewellery |
| Custody of children | Who has custody, a visitation schedule for the other parent, holidays, school decisions, travel abroad | Agreeing custody but leaving visitation to "mutual convenience" |
| Child's expenses | Whether the settlement amount covers the child's maintenance and education, or a separate monthly sum | Mixing the wife's alimony with the child's maintenance, which the child can later challenge |
| Pending cases | List each case (FIR, DV case, maintenance, section 9 or 13 petition) with the court and case number, and the step each side will take | Promising to "withdraw all cases" without naming them |
| Joint property and loans | Who keeps the flat or car, who pays the EMI, transfer documents and timing | Ignoring a joint home loan that the bank will still recover from both |
| Future claims and undertakings | No further claims against each other, return of documents, no defamatory posts, cooperation for the decree | No clause on what happens if one side backs out after receiving money |
The agreement is filed with the petition, and each of you confirms it on oath. A term written into a settlement recorded by the court becomes an undertaking to the court. Breaking it can expose a party to contempt proceedings, which is one of the few practical protections against a spouse who takes the first instalment and then disappears.
Mutual consent divorce in Delhi, step by step
This is the sequence in a typical Delhi family court. Small details differ between complexes and between judges, so confirm the current practice of the court you are filing in.
Agree the terms and sign the settlement
Both spouses settle alimony, articles, custody, property and pending cases, and sign a written agreement, either privately through advocates or at the mediation centre. Do not file anything until this is signed. A first motion filed on a handshake is the most common reason a second motion never happens.
Draft the joint petition and affidavits
The petition sets out the date and place of marriage, details of children, the date from which you have lived separately, the fact that you cannot live together and that you both want a divorce. Each spouse swears a supporting affidavit. The settlement is attached, along with the documents listed further below.
File in the family court
The petition is filed in the family court with jurisdiction, with a vakalatnama for each spouse's advocate (one advocate can represent both, but separate advocates are safer when money changes hands). The filing counter or e-filing portal gives a case number and the court gives a first date, usually within a few weeks.
Appear for the first motion
Both spouses appear before the judge, who confirms identities and records each statement on oath: that the facts are true, that the settlement was signed freely and that each consents to divorce. If any part of the payment is due at this stage, it is usually handed over in court and recorded.
Comply with the settlement during the gap
During the six months, each side does what the agreement says it will do in that period: returning articles, signing transfer papers, and taking the agreed steps in any pending case. Keep a record of every step, because the court will ask at the second motion whether the terms have been complied with.
File the second motion
Once six months have passed from the date of presentation (and before eighteen months), a joint application for the second motion is filed with fresh affidavits confirming that both still consent and the terms are being carried out. If the court has waived the gap, this happens earlier.
Appear for the second motion and decree
Both spouses appear again, confirm their consent and the settlement, and hand over any balance payment. The judge, if satisfied, passes a decree of divorce by mutual consent that day or on a short date.
Collect the certified copy and close the loose ends
Apply for a certified copy of the decree. Use it to update records, close pending cases as agreed, and, where the settlement provides for it, apply to the High Court for quashing of any FIR on the basis of the settlement.
Notice that only steps four and seven take place in front of the judge. Everything else is preparation. A family court judge in Delhi can only grant the decree on what is put before the court on those two days, so the quality of the paperwork decides how short and uneventful those hearings are.
What happens on the first motion date?
The first motion is usually brief. Both spouses stand before the judge, their advocates identify them, and the court records their statements. The judge may ask a few direct questions: when did you start living apart, is there any chance of reconciliation, has anyone forced you, do you understand the settlement. Answer them plainly. A judge who hears hesitation may send you to mediation or counselling before recording the statements.
If the court has not already referred the case to mediation and the settlement was made privately, some judges send the parties to the mediation centre in the same complex for a short session, mainly to make sure the terms are understood and freely agreed. This is a formality in most settled cases, but it can add a date.
Bring originals of your identity documents and the marriage proof, and carry your own copy of the settlement. If the first instalment is payable on this date, the demand draft should be ready and in the correct name. A draft prepared in a misspelled name is a more common cause of adjournment than one would think.
The six months between the motions
The gap exists so that a decision taken in anger can be reconsidered. In practice, for couples who have already lived apart for a year or more and have signed a detailed settlement, it is mostly a period of doing what the agreement says. This is when articles are returned, joint accounts are closed and property papers are signed.
It is also when things go wrong. A spouse who feels the money was too little, or who is advised by a relative to ask for more, may stop responding. If that happens, do not file angry complaints or stop your own performance in retaliation. Talk to your advocate first. Courts look at who kept their word, and the spouse who stayed within the agreement is in a far stronger position if the matter later becomes contested.
If a criminal case is pending, this is usually when the steps agreed for it are taken. In Delhi, a cruelty FIR under section 85 of the BNS (old section 498A) cannot simply be withdrawn by the complainant; it is closed by the High Court quashing it under section 528 of the BNSS on the basis of the settlement, usually after the decree. Our post on quashing an FIR after a compromise explains that process and its timing.
What happens at the second motion and the decree?
At the second motion, both spouses appear again and confirm, on oath, that they still want a divorce and that the settlement has been or is being complied with. Any balance amount is handed over. The judge then passes the decree, often the same day. Some courts reserve the order and pronounce it on a short date, which is a matter of court practice, not a sign of trouble.
The decree dissolves the marriage from its date. Collect the certified copy, which you will need to remarry, change your name or marital status on documents, update nominations and insurance, and close pending cases. If you plan to remarry soon, ask your advocate about the safest time to do so; the usual cautious advice is to wait for the certified copy and for the appeal period to pass, even though a consent decree is rarely appealed.
A mutual consent decree is final. There is no route for one spouse to come back a year later and say the alimony was too low, unless they can show fraud on the court. That finality is the main advantage of this route, and it is the reason the settlement deserves so much care.
Documents for a mutual consent divorce in Delhi
Carry originals to court and file self-attested copies. Ask us for the current affidavit and petition formats used in the court where you are filing.
Marriage
- Marriage certificate, if the marriage was registered
- Wedding invitation card and a few wedding photographs, if it was not
- Details of the place and date of the ceremony
Identity and address
- Aadhaar, PAN, passport or voter ID of both spouses
- Current address proof of both, matching the court chosen
- Recent passport-size photographs of each spouse
Separation and settlement
- The signed settlement agreement or mediation settlement
- Brief note of the date and circumstances of separation
- Details of any pending case: court, case number, next date
Children and money
- Birth certificates of children
- Details of the agreed payment: amount, mode, schedule
- Income and asset details if the court asks for them
- Documents for any joint property, vehicle or loan covered by the settlement
How long each stage takes in Delhi
These are typical periods in Delhi family courts, not promises. Court workload, holidays and the parties' own readiness change them.
| Stage | Usual time | What can delay it |
|---|---|---|
| Negotiating and signing the settlement | Two weeks to a few months | Disagreement over the amount, jewellery, custody or pending cases |
| Drafting and filing the petition | About one to two weeks | Missing marriage proof, address proof that does not match the court |
| Filing to first motion | Usually two to six weeks | Court listing, referral to mediation, one spouse unavailable |
| First motion to second motion | Six months (minimum), unless waived | One spouse not cooperating, payment not ready, pending case not dealt with |
| Second motion to decree | Same day to a few weeks | Order reserved, objections raised by one side |
| Decree to certified copy | A few days to a couple of weeks | Copying branch workload |
Here's a made-up example: a Dwarka couple's mutual divorce
Here's a made-up example. Ritu and Aman married in Dwarka in 2021 and lived together until March 2025, when Ritu moved back to her parents' home in Janakpuri. She had filed a maintenance petition; Aman had sent her a legal notice. By August 2025 both wanted out. Through the mediation centre at the Dwarka court complex they signed a settlement: a lump sum in two parts, return of listed jewellery and articles within thirty days, withdrawal of the maintenance petition after the decree, and a clause that the first part would be refunded if the second motion failed through Ritu's default.
They filed the joint petition in the family court at Dwarka in October 2025, and the first motion was recorded in November, when Aman handed over the first draft. The jewellery was returned in December with a signed acknowledgment. The second motion was filed in late April 2026, both appeared in May, the balance was paid in court, and the decree was passed. From filing to decree took a little under seven months. The case was ordinary; it went smoothly only because nothing important was left for later.
Can one spouse withdraw consent before the decree?
Yes. The Supreme Court has held that consent must exist on the date of the decree, so either spouse can withdraw it at any time before the second motion is decided. If one spouse withdraws, the court cannot grant a mutual consent decree, however unfair the withdrawal may seem to the other.
That does not mean withdrawal has no consequences. Where a spouse has received money under a settlement recorded by the court and then backs out without good reason, Delhi courts have treated the breach of the undertaking seriously, including in contempt proceedings, and will usually direct the money to be returned. A clear clause in the settlement on refund and on the consequences of default makes this much easier to enforce.
If your spouse withdraws, you are back to the position you were in before: you can try mediation again, or file a contested petition on the grounds available to you, such as cruelty or desertion for two years. The record of what happened in the mutual proceedings, including who backed out, often becomes part of that case.
If one spouse lives abroad or in another city
A spouse who lives abroad does not have to fly in for both dates if the court allows appearance by video conferencing. Delhi family courts regularly permit this on an application, especially for the second motion. The spouse abroad will usually need to sign affidavits before a notary or the Indian embassy or consulate, and must be visible and identifiable on the video link when the statement is recorded.
Some courts still insist on at least one personal appearance, and practice varies between judges. Plan the first motion for a date when the spouse abroad can be in Delhi if possible, and apply for video appearance for the second. Our post on NRI divorce covers foreign decrees, service abroad and the questions of recognition that arise when one spouse lives outside India.
If the two of you live in different Indian cities, the choice of court under section 19 usually solves the problem: file where it is easiest for the spouse with less flexibility to attend.
Mistakes that delay or derail a mutual divorce
- Filing before the terms are written down. A first motion on an oral understanding gives either spouse six months to reopen everything.
- Paying the whole amount at the first motion. The paying spouse then has no assurance that the other will appear for the second. Split the payment.
- Vague clauses on articles and custody. "All jewellery" and "visitation by mutual convenience" produce the very dispute the settlement was meant to end.
- Promising to withdraw cases that cannot simply be withdrawn. A cruelty FIR needs quashing by the High Court. Write the exact step, and who will cooperate, into the agreement.
- Getting the separation date wrong. A date in the petition that does not match messages, notices or earlier pleadings invites questions from the judge.
- Using one advocate when the money is large. It saves cost but leaves nobody to protect the spouse who is receiving or paying a large sum.
- Letting the eighteen-month limit run. If the second motion is not filed within eighteen months of the petition, you will have to start again.
When mutual consent is not the right route
Mutual consent works when both spouses genuinely want to end the marriage and can agree the terms. It is the wrong route if you are being pushed into it, if the other side is offering a settlement only to get a criminal case closed while keeping the option to back out, or if there are allegations of violence that need protection orders first. In those situations, a protection or residence order under the Domestic Violence Act, interim maintenance, or a contested petition may come first, with mutual consent as a possible ending rather than a starting point.
It is also not a shortcut around a child's interests. A family court will look at the custody and visitation terms and can question them if they plainly do not serve the child. Our post on child custody after divorce explains what courts consider when parents agree, and when they do not.
And if your spouse simply will not agree, years of waiting for consent are not your only option. Contested divorce is slower and harder, but it exists for that situation.
What to do this week if you both want a mutual divorce
- Write down the date you started living separately and what happened that day.
- Collect the marriage certificate or, if there is none, the invitation card and wedding photos.
- List every pending case between you, with the court and case number.
- Make a written list of jewellery, gifts and household articles on each side.
- Agree in principle on the amount, the custody arrangement and the payment schedule.
- Decide which family court is convenient for both, and check that your address proof matches it.
- Have an advocate read the draft settlement before anyone signs or pays anything.
Talking to an advocate before you sign
Most of the work in a mutual divorce happens at a desk, not in a courtroom. The judge sees the case twice; the settlement governs your finances and your children for years. If you want an advocate to read the draft agreement and tell you what is missing before you file, the team of Advocate B.K. Singh can look at the papers; you can send an enquiry with a short note of where things stand. You can also read about his practice before the family courts and the Delhi High Court.
Frequently asked questions
Can we get a mutual divorce in Delhi without going to court twice?
Ordinarily both spouses appear at the first and second motion. If the court waives the six-month gap, the two hearings can be close together, and a spouse who lives far away can often appear by video link with the court's permission. Personal appearance on at least one date is still common.
Can we file for mutual divorce if we live in the same house?
Yes, if you are no longer living as husband and wife. Living separately refers to the end of married life, not to different addresses. Explain the arrangement honestly in the petition, because the judge may ask about it.
Do both spouses need separate lawyers for a mutual divorce?
The law does not require it, and one advocate can file a joint petition. Where a large amount, property or custody is involved, separate advocates are safer, because each side has someone checking the settlement from its own point of view.
Is a mutual divorce settlement amount taxable?
A lump sum paid as a full and final settlement of alimony is generally treated as a capital receipt and not as income, while periodic monthly maintenance may be treated differently. Tax treatment depends on how the payment is structured, so speak to a chartered accountant before the settlement is finalised.
What happens if my spouse does not come for the second motion?
The court cannot grant a mutual consent decree without both spouses' consent at the second motion. You can ask the court for another date, try mediation again, or move for the refund or enforcement of terms under the settlement. If the marriage cannot continue, a contested petition is the remaining route.
Can we file for mutual divorce within one year of marriage?
Ordinarily no, because section 14 of the Hindu Marriage Act bars a divorce petition within the first year of marriage. The court can grant leave in cases of exceptional hardship or exceptional depravity. Such leave is not given routinely.
Can the mutual divorce petition be filed online in Delhi?
Delhi district courts accept e-filing for many case types, and family court petitions can usually be filed through the e-filing system, followed by physical appearance or video appearance on the hearing dates. Check the current practice of the particular court complex before filing.
Does the wife lose her right to maintenance after a mutual divorce?
If the settlement records that the amount paid is a full and final settlement of all maintenance claims, she generally cannot claim maintenance again. The children's right to maintenance is separate and cannot be bargained away by a parent, so deal with it expressly in the agreement.
Can mutual divorce be converted from a contested case?
Yes. If a contested divorce or maintenance case is pending and the spouses settle, they can file a joint petition under section 13B, often after a settlement at the court mediation centre. The time already spent apart counts towards the one-year separation.
Is the decree valid if one spouse appeared only by video conference?
Yes, if the court permitted video appearance and recorded the statement after identifying the spouse. Courts in Delhi regularly allow this, particularly for spouses living abroad. Keep the order permitting video appearance with your papers.
When can I remarry after a mutual divorce decree?
Section 15 of the Hindu Marriage Act allows remarriage once there is no right of appeal or the appeal period has expired. Because a consent decree is rarely appealed, many people remarry soon after, but the cautious course is to obtain the certified copy and wait until the appeal period has passed.
Can the settlement amount be paid in instalments after the decree?
It can, but it is risky for the receiving spouse, because once the decree is passed the second motion no longer holds the paying spouse to the terms. If instalments after the decree cannot be avoided, the agreement should provide security, such as post-dated payments or a charge on property, and a clear remedy on default.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.