Mutual consent divorce lawyer in Delhi
When both spouses agree on the terms, a mutual consent divorce is usually the quieter and shorter route. Advocate Karan Dua drafts the settlement, files both motions and, where the facts support it, seeks a waiver of the six-month waiting period.
What the settlement agreement covers
A mutual consent divorce rests on a written settlement of every claim between the spouses. Anything left out is hard to raise later, so it is worth getting right.
Settlement deed (MoU)
A written settlement of all claims between the spouses, executed on stamp paper, and placed before the court.
Full and finalPermanent alimony
Structured as a lump sum or in instalments, with safeguards for payment.
Lump sum or instalmentsStreedhan & jewellery
A handover inventory with signed receipts.
Inventory & receiptsChild custody & visitation
Custody, day-to-day care and a visitation schedule agreed in writing.
Child’s welfare firstPending cases
Withdrawal or closure of pending complaints and cases as part of the settlement, subject to the court’s approval. Quashing an FIR needs the High Court.
Complaints, FIRs & DV casesThe five stages of a mutual divorce
If the court waives the waiting period, the decree can follow sooner. Without a waiver, the second motion comes after the six months. No timeline can be promised.
Drafting the MoU
A settlement deed on streedhan, alimony and child welfare terms.
First motion
Joint petition under Section 13B(1), with the statements of both spouses recorded.
Waiver application
Where the facts support it, an application to waive the six-month period.
Second motion
Petition under Section 13B(2), payments under the settlement and final statements.
Decree
The final decree, and certified copies for passport and records.
Is mutual consent right for you?
Tick the statements that are true for you and your spouse. This is a general guide, not legal advice.
Tick the statements that apply to see where you stand.
Can the six-month wait be waived?
In suitable cases, yes. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period in Section 13B(2) is directory, not mandatory. The family court may waive it when these conditions are met.
Separation has run
The one-year separation under Section 13B(1), and the six months, have already passed by the time of the first motion.
Reconciliation has failed
Mediation or conciliation efforts have been made and have not worked, with no real chance of reuniting.
Terms are settled
Alimony, custody and other issues between the parties are genuinely resolved.
Waiting only prolongs distress
Further delay would only add to the difficulties of the parties.
The decision rests with the court in each case. Whether a waiver is granted depends on the facts.
Documents checklist
Tap a document to mark it as ready. The exact list depends on your case.
0 of 6 ready
The Family Court
Common questions
Can the six-month waiting period between the two motions be waived?▾
Yes, in suitable cases. In Amardeep Singh v. Harveen Kaur (2017), the Supreme Court held that the six-month period in Section 13B(2) is directory, not mandatory. The family court may waive it where the parties have lived apart for the required period, reconciliation has failed and all terms are settled. The decision is the court’s in each case.
What happens if one spouse withdraws consent before the second motion?▾
Consent must continue until the decree is passed, so either spouse can withdraw before then. If a spouse goes back on the settlement after receiving alimony or streedhan, the other can take steps to enforce the MoU. Careful drafting and staged payments reduce this risk.
How long does a mutual consent divorce take?▾
It depends on the court and on how quickly both sides settle the terms. Where the waiting period is waived it can be much shorter, and without a waiver the second motion follows the six months. No timeline can be promised.
Can we file for mutual consent divorce within a year of marriage?▾
Section 14 of the Hindu Marriage Act ordinarily bars a divorce petition within one year of marriage, with a limited exception for exceptional hardship or depravity. The chambers can advise on your dates.
Do both spouses have to appear in court?▾
Both spouses usually have to appear for the first and second motions, and their statements are recorded. Appearance by video may be allowed in suitable cases, including for spouses living abroad, as the court permits.
Does mutual consent divorce cover children and property?▾
The settlement deed should address custody, visitation, child support, alimony, streedhan and any property claims. Anything left out may be hard to claim later, so it is better to settle it in writing now.
Speak to the Advocate
O-11A, Basement, Jangpura Extension, New Delhi 110014. Mon to Sat, 9:00 AM to 6:00 PM, by prior appointment. Video consultations available.