When both spouses agree that a marriage is over, the law offers the quickest, least bruising way out: a mutual consent divorce. Instead of a contested trial with allegations and evidence, the two of you jointly ask the court to dissolve the marriage on agreed terms. This guide explains how a mutual consent divorce works in Delhi in 2026 — the legal conditions, the two-motion process and timeline, when the six-month waiting period can be waived, where to file, and what your settlement should cover.
Reviewed by the family-law team at Kamal & Co Advocates, Barakhamba Road, New Delhi. This is general legal information, not advice on your specific matter — see our disclaimer.
What is a mutual consent divorce?
A mutual consent divorce is a divorce both spouses seek together, on agreed terms, without proving fault. For Hindus (including Buddhists, Jains and Sikhs) it is granted under Section 13B of the Hindu Marriage Act, 1955. Civil and inter-faith marriages use Section 28 of the Special Marriage Act, 1954, and other communities have equivalent provisions. Because nothing is contested, it is faster, cheaper and far less stressful than a contested divorce.
Conditions for a mutual consent divorce
Under Section 13B, a couple can seek divorce by mutual consent if:
- they have been living separately for at least one year before filing;
- they have not been able to live together; and
- they have freely and mutually agreed that the marriage should be dissolved.
"Living separately" means not living as husband and wife — it does not necessarily require living at different addresses.
The process and timeline: two motions
A mutual consent divorce moves through two stages, called the first motion and the second motion:
| Stage | What happens | Timing |
|---|---|---|
| First motion | Joint petition filed; both spouses' statements recorded by the court | Day one |
| Cooling-off period | Statutory gap to allow reflection/reconciliation | 6 months (waivable — see below) |
| Second motion | Both spouses reaffirm consent; court passes the decree of divorce | After 6 months, within 18 months of the first motion |
The second motion must be moved within 18 months of the first. If either spouse withdraws consent before the decree, the mutual consent divorce cannot proceed.
Can the six-month waiting period be waived?
Yes. The six-month cooling-off period under Section 13B(2) is not mandatory — a Family Court can waive it where the divorce is genuinely final. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held the period is directory, not mandatory, and can be waived where:
- the one-year separation requirement is already satisfied;
- the spouses have settled alimony, custody and property;
- consent is free and genuine; and
- reconciliation is not possible and waiting would only prolong the agony.
Separately, the Supreme Court in Shilpa Sailesh v. Varun Sreenivasan (2023) confirmed it can even dissolve a marriage directly on the ground of irretrievable breakdown using its powers under Article 142 — but that specific power belongs to the Supreme Court alone, not the Family Courts.
Where do you file in Delhi?
Mutual consent divorce petitions are filed in the Family Courts that sit at Delhi's district court complexes — Saket, Dwarka, Rohini, Tis Hazari, Karkardooma and Patiala House — depending on where the couple last resided together or where the marriage was solemnised. Your lawyer files in the court with the correct territorial jurisdiction for your case.
Documents you will need
- Proof of marriage (marriage certificate, wedding invitation/photographs)
- Address proof of both spouses
- Proof of one year's separate living
- Income and asset details (relevant to alimony/maintenance)
- Passport-size photographs
- The settlement agreement recording all agreed terms
What your settlement should cover
The strength of a mutual consent divorce lies in a clear, complete settlement. It should address:
- Alimony / permanent maintenance — a lump sum or agreed arrangement, and who pays whom;
- Child custody and visitation — physical and legal custody, access, and support;
- Division of property and assets, including any jointly held home or investments;
- Return of streedhan (the wife's jewellery and gifts); and
- Withdrawal of any pending cases between the parties as part of the full and final settlement.
A vague settlement is where "amicable" divorces come apart. Getting these terms drafted properly protects both spouses long after the decree.
How long does it take, and what does it cost?
With the cooling-off period, a mutual consent divorce in Delhi typically takes about six to eighteen months. Where the Family Court waives the six months on the Amardeep Singh principles, it can conclude in a few months. Court fees are modest; the main cost is professional fees, which depend on the complexity of the settlement — we set these out in writing after reviewing your matter.
Mutual vs contested divorce
If one spouse does not agree, mutual consent is not available and the divorce becomes contested — filed on a legal ground such as cruelty or desertion, with evidence and trial, and taking considerably longer. Where mutual consent is possible, it is almost always the better route: faster, private and cheaper. Our family & divorce team handles both, and can advise which path genuinely fits your situation.
Talk to a divorce lawyer in Delhi
A mutual consent divorce looks simple but turns on precise drafting and correct filing — a weak settlement or a missed detail can undo the whole thing or leave you exposed later. At Kamal & Co Advocates, on Barakhamba Road in central Delhi, we prepare the petition, the settlement and both motions, and see them through the Family Court with discretion. Call +91 97315 81947 or message us on WhatsApp for a confidential consultation.
Frequently asked questions
How long does a mutual consent divorce take in Delhi?
Usually six to eighteen months. If the Family Court waives the six-month cooling-off period, it can be completed in a few months.
Can the six-month waiting period be waived?
Yes. Following Amardeep Singh v. Harveen Kaur (2017), the Family Court can waive it where the one-year separation is met, the settlement is complete and reconciliation is impossible.
Do both spouses have to appear in court?
Generally yes, for recording of statements at both motions, though courts increasingly allow appearance through video conferencing or a power of attorney in suitable cases, especially for NRIs.
What if one spouse changes their mind?
Consent must continue until the decree. If either spouse withdraws consent before the second motion is granted, the mutual consent divorce cannot proceed and the other may have to file a contested petition.
Can we get a mutual consent divorce before one year of marriage?
Section 13B requires at least one year of separate living before filing. In exceptional cases of hardship the court can permit an earlier petition, but this is not the norm.
Is alimony compulsory in a mutual divorce?
No — alimony is whatever the spouses agree. It can be a lump sum, periodic payments, or waived entirely by consent, and is recorded in the settlement.
The bottom line
If both of you want to move on, a mutual consent divorce is the cleanest way to do it — and in the right case the Delhi Family Court can even waive the six-month wait. The key is a complete, well-drafted settlement and correct filing. If that is where you are, our family-law team can guide you through it with clarity and discretion.
This article is general information about the law as it stands in 2026 and is not a substitute for advice on your specific situation. The applicable law depends on the religion under which you married. Please consult a qualified advocate before acting.